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Submerged Land Lease for Marina�� -� � � -` I IlIIII l�II I�II� IIII II��I �II�I VIII 1111111 CFt4 2010R0832534- !� (' OR Dk 2 7519 Pgs 0662 -- 733e (72pga) RECORDED 12/131201. 15928832 HARVEY RUVN p CLERK OF COURT MIAMI—DADS COUNTY? FLORIDA r This Instrtrrtent Prepatcd By: Dam Recurriag Bevenm Section Bureau ofMHc Land Adminishstion 3900 C:ou ntotrwealth floukqard Mail SPationwfo, 125 Tallahassm Flnrida 32399 BOARD OF TRUSTEES OF THE 114'1TERNlA1, MTROVBMENr TRusT FUmD OF TCf E STATEOF FLORA SOVEEtlrI6DNWSIMM EE1,OED LAMS S LFM19 MODWICATIONI TO t1EF'LErr CUIHtMF LEASE AREA, 9MLECrC0ft1.'.WrNIUf4fi FROFSLIPS,ANID ADD OPEN TO TEE PUBIC SPECU L LEASE f:OgH1 DON BOT ME NO. 130765469 TIM LEASE is lffeby issued by the Boardof Trustees of the rntural ltttprovetuentTrust Fund ofthe State of Fkrrida, bucinafter refened to as the Lemr. W1TNESSEM' TIM for and in consideratklaol7payment ofthe annuat team feu hereinafter providedand the faithful and timely performance ofand campliance wi#ft all terms and condidons stated eidd, the Lessor dues bcaeby Tease to Otv of Miami Beach_ lkrida and the.W — onj Beach Wavelaptugnt, �4eertc� ltereina&er referred to as tine Lessee, the sovereignty lands dwri jed as follavr5: A parceloff sovereignty mbrrmeWd Panel in Section Eli Townsfdip 54 o Range East itr giae01W Bay Miaxtm €faalelTade Ccaafy. containing j 3 square feet mareorfeas, as is mampasticulady desciaW and shown . on At�etune�st A, dated September I¢ 2ltC11 TO HAVE THE USE OF the Iferckabove deseftd pretbises ftm AP& 29.20 ltl. the effective date o €this wwdifred k ase, through 3arnpa 21.203f► the expiation dateaftiiis madder lease The U=K and conditia m ntr and for wltfch ibis lease is granted are as follows: 1, USE OF PROPERTY The Lessee is *Avhy audtori to crlr=tc aid existht a 48 tcat�iest ' dackmg bcd[W with boo 144 a dd a 3 fto 4]! tto¢ - water d kxtdbWL&r. exclosivdv to be used fax trmoorittg aPcaatrur reial acrd retreadonat veils it caajunctian vuitlr erg upfartd camrdden iaf:,n dr , wind fueling faa i ffim �r a seww punwut facility if it nmeets the regulatorymquirenleWs ofthe State of Ffarids 17epar(�ent of T viroardd utal Fttytac#ion ar SiaPe of Florida l)eparbacat offlealth, w+h€ektsver agency bas jtrrisalietiotd, and witle livcaboards as deftM in paragraph 29, as shown and conditioned in At3a invent A. Aft of the faregaing sublect to the rearsaining eoaditions of this tease_ 2 LEASE FEES _ "Ile Lmwberrbyagrecs, tfmg& vt the terra of tills lease, to waive ate perm*ge of wet slip rertat fee provisions ofSe&m 18- 21011, ft d& Adhdmishadve Code, (PJLC.b and to albw Use I esaee to pay the base rate per square faet of the lemam as established by CkVkr 15-21, F.A.C. The Leswe hemby ag oes.to pay an inftrl annual lose Eee farifre ern totted area (fib agttare fit) of S3 67, plus 25 Per00Ht hand sales tax Pmumatto Se:6=212.031, Flom 5tafuEes ifapPlicafsley widdiu 30 aFaye ofre€eigt ofthis ally execttred.msdttlifr l k e The atntad fee for the rea uming years of the least for tote entire lease am l ti48 93 square feet) stroll be adlirsted.pttnWa to provisions of Seddon 18 21.011, F.A.0 The Lessee agrm to pay an armaal fee farthe rc=fiung years oftltis teaseakt&ebaserate persquate foot far dw leasedawaas establish by 18 21, F A C. The Lessee will be nulifred_a. wrida& in advanw of the amount and tha dare date ofthe 3. M SUP RENTAL E`E&TWTCA'E ION/SUPPLIIMM L && P 4'YMlc!'f (A) The Lessee shall provide upon request by the Lessor any and all information in a certified foray needed to calculate the lease fee specified in paragraph two (2) above, including the income. as defined in subsection 18 21.Ot13'(3tr, Had& Administrative Code, derived directly or indireedy from the tree of sovereignty submerged farads on an annual basis. When si r pereerrt ( %) of said artnaral inCOrtre exceeds the base fee or €uirumum annual fee establishes€ ptusuant to Mule 1$- 21.011, Mrida Administrative Code, for any Jesse, year during the term of this lease, the Lessor shall send. the Lessee a suppf mantsl invoice far the difference in the amounts for that lease year. (B) Tho instrument or agreement used by the Lessee to frausfer or assign. the right to use a wet slip at the leased docking facility to a therdparty shall include a provision that clearly natifies fife suet slip renter/aser/itolder that if fla; wet slip center /userlfwWr subsequently ftnsrm his aig)tt to use saw wet slip to anadier party, the instrument or agreenwat used to Transfer said wet slip shall eantairc a provision: that requires six percent (6 of the annual gross income derived from said instrument or agreement for the use of said suet slits be paid to the Lessft wbo, upon rcccipt� shall report and transmit said amount to the Lessotr. The irtsMmrat or agreement used by the Lessee to transfer a wet slip shaft also itrclude a provision that clearly notifies rite wet slits renfeduserlholder that no interest in said suet slip maybe further tramferreJd unless a. substantially sindlarpmvision to the one contained in the pmoedfug sentence is placed ineach succeeding instrument or ageeernent used to transfer said wet slip to each new wet slip renCerlrtserlfrolder. 4. LATER FEEMSE MS: The i.eswe shalf pays law payment assessment for lease fees or other charges due under this lease wl kk are not paid within 36 days after the due date. This ass essment shall bo computed at the rate of twelve percent (12%) per annum, calearlated on a daily baffis for every day the payment is late. S. EXAIatllcfATION OF LESSFE'S DS- FForpurposes• of" lease, the Lessor is hereby specifically authorized and empowered to examine fortis tenor ofthis tease including any extensions Mereta plus three (3) additionat years, at all reasonable hours. the books, records, contracts, and other documents confirming and pertaining to the computation ofannual lease payments as specified in paragraph two (2) alcove. 6. 14/AI_R1'T1 RlANCE ELF LESSEE'S RECORD& fur. (Q the gross revenue derived directly f am the use of the leased premises (if) rho gross revenue derived indirectly front the use of the teased premises, and ( iii) all other gruss revenue derived from the Lessee's operations on the rilsariara upland property. 'The Lessee shall secure, maintain and Deep aff records for the entire tertn,of (his lease plus three (3) additional yeas. This period shall be extended faranadditional two (2) years upon request forenarrffnatiortofA records and accmmts for lease verification purposes by the Less". 7. AQgh§ +1MTO EXTE fl' OF USE. This lease is given to the Lessee to use or occupy the leased premises only for iltase activi[es speeif�d here The Us= shall not (s) change or add to the approved use of the leased premises as defined heroin(c_g., fromeomrroereial to uuild- family €esidendA fiam temporary mooring, to rental of wet slips, fromrental of wet slips to coutractW agreement with thkdparfy for docking of cnufso.ahkw f m rental of rec€eafiond pleasure craft to rental ar fempormy wooring of chattexhour boats, from loadkWoffToading commercial to rental of wet slips, ew.y. (ii) change activities in artyru nner that nmy have an envisamwatal. impact that was Wt Considered in the original authorization or regulatory permit; or (iii) change the We of use of the riparian uplands or as permitted by the Lessee's interest in Me riisarisu upland property that is more panicularly described in Attachment A without 6sst obtaf sing a regulatory permWmadii led Pernik if applfcelrle, the 70,$Wes written authorization in the form ofa modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which gray no huger qualify far aWwrization under the modified tease. 8. PROPERTY RIGHTS: The Lessee shall main no claim of title or interest to said lands hewinbefate described by reason of the occupancy or use dwreo4 and all title atA interest to said laud hereiabefow described is +vested in the Lessor. The Lessee is prohibited from including, or making any claim drat purpocts to include said lairds desired or the Lessee's leasehold interest in said lands into any form of private ownership including but not limited to any fine of condominium or cooperafivc ownership. The Less®e is further ptahlb*A fraatt Raft any claim, including any adverfisemeot, that said land, or the use thereof an be purcha" acrK or re -weld. Page _,L of 72 Pages Savemigatyy Sutwerged Lands Lease Rio. 13 MR69 % 1p2`!'EldM rN R1PARfAN UPLA ND MQ9F,)t - DurEogthetermofthisleasr, the Lessee shall usaintain the interest in the riparian upland property that is more particularly descr - &ed it Attachutcat R and. by referea a made apart hereof together with the riparian rights appurtenant thereto; and if such intent is tcrminared, Ore [ease may be ftrmiEgtert at the option ofthe Lesw. Rdorto saleandlor ter€ninationoftfie Lessees interest in the riparian upland: property, the Lessee shall informany p buyer or transferee ofthe lessees intent in. tine riparian upland property and the eais"M of this tease and all its terms and conditions and shaft complete and errecute and docunxnts require& by the C.esgor to cRed an assignment of this Icase, ifoonsented to by the lessor. Faifure to des gr will not relieve the Lessee f entreWasibility for 611 compliance with the terms and conditions of this lease which . include, but are not limited to, payment of all fees and/or Penalty assessments incurred prior to such act: M. AS,IGNM NT OF LEASP- This Lease shall not he: assfgrredor odwrwise transferred. Without prior written, consent of Hte Lessor or its duty authorized agenL Such assignrrreat or other Wager shall be subject to the terms, conditions and provisions ®f this lease, current rmuagement standards and applicable rows, rules and re illations in effect at that time. Any assignment or other transfer widmut prior miftw consent of the Lessor shall b mall and void and without legal effect. The Lessor acl rowt&%cs that the leased premises are pact oftho leased premism a&lresse d. in an agwernpent between the Lessee and Miami Beach Marina Associates, Ltrl. They Lessee acknowWges that the I.emr is not a patty or bound by the reran of the agree w"t between the Lessee and Wam! Beach Mariana Assottates, La I L IIV171?MNtPCCA fl Cr T Old OF ALL CLAMS The r emee shall investiga o all claims of every s�trrre at ifs expense. Each party is respanss3ale foralf pers+arsal injury rand property damage atG-rnrrha6le fQ the neglig�rt acts or omissions of that party and the off"rcers, empfoym and agents tl�,rcof Nothing herein shall be construed as an indemnity or a waiver of sovereign irmmnity effiQyed by any pady heretcti as provided itt Section 76818, Florida Statutes, as amend frmn time to time, or any other law providing /unitarians on claims 12. VE-M- E: Lzime waives venue as to any Utigrttian arising from maffers relating fo Mis Tease and any such litigation between. Lessor and Lessee shall he inKated and maintained only in Leon County, Florida. 13. htYl`f=C€ MPLFAKCR'1Lh?ItlwflMEi.'1FOM: The Lessee hinds kgeM its successors and assWus, to abide by floe provisions and Conditions herein set fotffr, and said provisions and conditions shall be deerue<t covenards of the Lessee, its suaessors and assigns. In the cvusrt tare Lessee fai1� or refuses to cotupBy w. the ptavisirsns sac/ conditions /acacia set forth, or in the event the Lessee violates any of the provisions an& conditions herein set forth, and the Lessee faits or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct; this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. Ifeanceled, all of the above described panel of lan�dd shall revert to dw Lessor: Al! casts and afP mys' fps incurred by the Lessor to enforce the provisions of this l ease shall be paid by the Lessee. All nodom required to be given to the Lessee by ft lease orapplicable law or administrative rates shall be s€ few eat if sent by US. Mail to the following address. (pity of h iami Beach, Florida I1 mw Bum Wevetopment Agency 1700 Convention Cetater Drive U00 Conventions Ccater Drive Miam4 Florida 33139 M iami, Florida, 33139 The lessor shall notify the Lessor b eertiSed mart of aay change to thin address at least teat (la) days before are change is effective. 14. T AND ASSMSME1M: The Lessee shalt assume all reg omiliility for Rabitifiec that aomw to the subject property at to the irrproveruer* thereon, including any and all draitmge or special assessments or t mes ofevcry kind and: description which are now ar may Ire lwmaitr lawfully assessed arrd tevW against the gubjW property during the effective period of this lease. 15. MISANCES OIL ILLEGAL OPEttA<"FE S: 11c Lessee shall not permit the lone/premises or any part themof to be used or occupied for anypuMeffe or business other Haar be win specilief utdass such proposed use and occupancy are consented to by flue Lessor and the lease is modified accordfi4y, nor shall lessee knowingly permit or suffer any urrisaOM or illegal operations ofany kind on the kawd premises. 16. CE OF F Cl11TY /11C HT `E o rKSP I': The Lessee shall maisitain the leaser/ premises it goad condition, keep ng the struefures and cqui mmA located thewan is a good slato of repair in. the Mtetests Opublic health, safety and welfare. No dock orpier" be constructed in any ruattner thhat wadi cause ham ter wihllife. The leased pucrnises shall be subject to inspection by the Lessor at its dad prated agent at any reasonable tine. Page 3 of 72 Pages Sovereignty SYtbumerged Lairds rise No. d347fr 4 17. The lessee shall notdiscritninafe against any individual because of that imd<ividuab race. color, religion. sex, nstionnaf origin, age, handicap, or marital, status with reVmt to any activity occartring within the area subject to this lease or apon lands adjacent tax and used as an adjmtet o €the leased area. During the lease term, the Lessee shall post and maintain the placard frnnished. to the Lessee by the Lessor us. a prorttinent and visiFnle location oa the leased premises or adjacent business o€fiee of the Lessee. It shall be the responsibility, o €the Lessee to past Ste placard in a Alan= which will provide protection. face. the elements, and, ire the event that said placard becomos illegible at any tinhe during the tern's of this lease (including any oxecasions dierwo, to notify the Lessor in writing, so that a replacement may be provided, 18. ENFORJCFAdENT OE PR VEI0NS: No f e fure, or successive figures, om the part of ibe Lessor to enforce any provision, nor any waiver or successive waivers on its part ofany provisidnherein, shall operate as a discharge themofor render the same inoperative or inipair the right of the Lessor to cn6fw the same upon any renewal thereof or in the event of subsequent breach or breaches. 14. PERMISSION ED Upon: expiration orcancella omo€ l eawall permission grantedhemmWersltali cease and t Prminafe . 20. RE1alEWAL. PR.QVIS Renewal of this lease shall be at fire sole option. of tfee Lessor. Such renewal shall he subject to the fi nts, conftaibs and pmvisinrns of maanWment staadav& and applicable laysra, ¢ayes and regulations in effect at that tine. Ea theeventthnt Lessee is in fell compliance with to turners offbis lease, the I essee rnayapply inwriting for a renewal. Such application fix renewal trhust be received by Lessor no sooner than 120 days and no facer than 30 days Briar to the eVirationr date of are original ar�anreut tertnitcreaf. 'IUe term: ofany renewal granted by the Lessor shall cammeaeeanthe lastday ofthe previons lease term. Wthe Lessee tails to timely apply fora renewal, or inn ifse event tine Lessor does notgrant a renewal, the Lessee shall vocatethe leased premises and n=Gve aft struetwes and eWiprmenG occrrpyingand erectedttezecsr.at expense. "the olrGgaEran to remove all strh.etetres authorizer£ herein nrporn ternvhlatior. v €this lease shhall arthstitute ate affirmative caveuant upon dw Lessee's i wen in the ripareantgsfandprnperty marepaatreufatlydescrifterd in Attachment% wfikh shall rann with the title to the Lmee's interest in said a arianuptand property and shalt lie birnrtir[g upon Lessee and Lessee's successors in We or S1raaoma s in itsteresat 21. REMOVAL OF S'l1LUCEULbF€f MINI i 1 : If the Lessee does not mmove said structures and equipnnent occupying nerd erected upon the leased premises after expiration or caneelfaden of this lease, such structures and equipulent will he deemed far€eited to the Lessor, and rise Lessor fenny a Ahorize removal and may sell such farfeited structures and eguipnw t after ten (10) days written notice by cartiiied mail addressed to the Lessee at she address specified in Paragraph 13 or at mchaddress an mcard as provided to the Lessor by the Lessee. However, such remedy shall be is addition W all other remedies available to the Lessor urnder applicable laws, rules and regulatfous. including the "Otto compel rernsval of all stnrctthtres and the right to itapase adrtsiniatrative . 22. REMOVAL COS'TS/f M4 ON RIPARIAN UPLAND PRGPE?ILTY- Subject to the noticing provisions of Paragraph 21 of" lease, any costs inmrred by the Lessor in wiiovsl of amy str� and cghfip alt coostntc#ed or rrtaisrtained an state bAdS shall he paid by Lessee and any unpaid costs and expenses shall carsstitute a lies! apart the Lessee's interest is tae n'parlau upland property that is more particularly dcscr bed. in Attachment f3. This lien on the Lessee's interest in the riparian upland property shall he enforeeahte in sunsmary prooceding$ as provided by law. 23. REWIP — A I0N OF LEASE. Tke Lessee at fts owmoxpme shall meordttls fshlly oxce rted lease in its entirety in tare public records of ft county with €n wlticlr the lease site is located within fourteen (14) days after receipt, Wd shaft provide to the Lessor within tern (10) days Wowinng the recordation a copy of flee reror&d lease irk its eatreiy which captains the OX. Book and page* at which the lease is tecotded. 24. RIPARIAN R Ai} 1 ATIt1N1: k the event that arty part of any strucWte authorired hereunder is deternuaed. It rI�T RI by a final atljudicatiohr issued by it coud of campeteaat jurisdiction to encroach an or interfere with adjacent riparian rights, Lessee agrees to either obtain wauen consent for the offending structure fionr the affected riparian owner or to remove the inter€erence or eacroach7r within 60 days fimrn the date of tfhe 24ndicatiom Failure to comply with tlsis paragraph steals constitute a maWAA breach of this lease agreement and" be grourrdx for immediate termination of this lease agreement at the option of the Lessor. Page d of 72 Pager: Sovereignty Submerged Lands Lease too. 1307bS�64 25. AtbfElVl3ly NTS/MOl3IFICATIONS: This Tease is the entire and only ag ieetuent between the Parties. Its provisions are not scverabte Amy amendment or amodification to this Pease Must he in witin& mast be accepted, aemowledg5d and cmeukdby the lessee and Lessor, and must comply with the rutes.and stag in existence at the tip of the execution of the moduicadom or amendaateut. Notwithstanding the provisions ofthis paragraph, if nworiug is authorrred by this tease, the Lessee may mstxtl boatM within the leased premises without formal madificatiom of the lease provided thhat (a) the Lessee obtains any state or local. wguFatory permit that my be required; and (b) the location or size O f the Gilt does not increase the mworing capacity of the docking facility. 26. AC?ti/MnSEhLMa/SEGB S /NON -V7 AT D EPENDF- NT14ETIV1TMSiAd3131TTtib4b.�E ACEN1T tl ITAEI : No permanent or temporary signs directed go the boating public advertising the sale nfalcolroffe beverages shaft tae erected or placed within the leased premises. No restaurant or d fng activities are to Oren. witltirt tare leased premises. The Lessee shall ensure drat ns gerrttanenr; temporary or floating structures, fences. docks, pilings or any structures whose use is not water- dependent shaft be erectedorcondacted over sovewiX4 snbmuged hands without prior- written consent from the Lessor. MY additioul structures arrdlor act vities including dnxwng, relacatian/reallgauteut ar Major repairs or remavations to authorized sfucturex, shall be erected or contacted an or over sovereighffiy subm ged lands without prior written consent from the Lessor. Unless specifically aumadzed is writing by the lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to adrainistma:tive aaas under Chapter 18-14, Elar€da Administrative Cede. This canddon does not apply tb minor structural repairs required to maantain the authorized structures in a good state offrepair in the into mfpublie health, safety or welfare; provided, however, that such activitim shaff . riot ex=cd (he activities authorized by this lease. 27. ALOE Oil: Dior to comme=mcuc ofcoustttuctioa and/or activities authorized herein, the Lessee shalt obtain the U.S. Array Cups of Engineers (ACOF -) permit if it is required. by tic ACOE. Atay modifications to the coteshnctrom amllot activities authorized. herein that May the required Ely the ACGE s &all require consideration by and the prior written approval of the Lesser prior to the consrne=mefft o €constxuetfort and/or any activities on sovereign, submerged tams. 298. 00107WNCE WFM FLORIDA On or in conjunction. with the use sf the teased premises, the Lessee shall at aft times comply with all Florida, Shatufes and an administrative roles pratirttlgatecl ihererxruler. Amy unfawf d activity which occurs an the leased premises; or in conjunction action with the use of ft leased pressrises shall be grounds for the tern kation of this lease by the Lessor. 29 LIVEABOARD The tum "liveaboacef ` is dormad as a vessel docked at dw facility and inhabited by a person or Persons for any five (5) coasecutivc days or a total. often (10) days within a thirty (30 day period. if liveaboards are authorized by paragraph one (1) ofthis lease, in no event chaff such "fiv�aboasd" sftfus exceed sirs (6) months within any twcivc(l2) month period, nor shall any such vessel constitute a legal or pfumry residence. 30. GAMBLING VESSELS Dudag the tee of this lease and any renewals, extensians., modifications or assignments themog lessee shall pwftilrit the operation afar entry onto the teased pr esses o€ gambling cruise ships, or vessels that are used principally for the purpose of gamblinf, when tb"e vessels are engaged inn'"mdses to nowhere," where the ships leave and return to rte state 6f Fklareda wf6hout as ithtervenfng stop cuitlrim another state or fore"rgrn eouniry or waters Within the jurisdiction of another state or foreign country and any watercraft user to carry passengers to and from such gambling cruise slips. 31. SP LAL LP&E Nl2 ONS- A. A minimum of ninety percemt (90 %) of the wet slips at the docking facility shall be made avdIable for rent to the gencrai public an a "first come:, fWA served" basis, as defined in subsection M21.003(27), Fbnrids Administrative Code, With no longer than one -year rental term and with no automatic renewal r4ats or coaditious. To lheIg enstnee cartrpkiataee with and to assist iu providingptblic awareness ofSus requia Put, the Lessee shalt eeeetper�aaeat signs at the w rwaad entrance to. the dtrclring facility and at the uptaud entrance to the docking facility which are cleatly viselike to passing boaters and rho general public. The signs shall coat 9ah ha[guage clearly indicating that a mritriarrutxraf ninety getrerrt (9tt°!o) of the wet slips at the docking facility arc available for sauno tine gencralpublk Any dockage rate sheet puMrrcatiaos and dockage adv eausing for the doclnng facility shall cl early state data affiii mm e<f niocty pettiest (90%) ofthe .vet slips at the docking facility are open to the gcneraal public on a "first come, first served' basis. Page 5 of 72 Pages Sovereipty Submapii Lands Lease trot. 136765469 S. Tfie term and conditions herein, including those related: too assessment of [ease Lees, array be reviewed at any time daring the term of this tease as deemed necessary by (fie Lessor or ifs designated agent, and such terms and card €tions may he modified or additional conditions Wray be imposed as deemed necessary by the Lessor. For ffie purpose of this provision, the Wras and conditions of this tease may be modifred (whielt may include the addition of new term and couditions) far, but tent limited ta, the following reasons: a. to conform to the adoption or revision ofFforida. Statutes rules, and sfawlards that require the umdi&eatiau of the lease, for compliance, b. to ensure compffauee with the U.S. Endangered Species Act of 1473, 01J S.C., 1531, er seq., and the Plodda Endangered. andTfucatened Species Act of 1477, SectionM -M, F.S., c. to confom to adoption or c visio a €rotes mgardig& the agwssmerot of lease fees; d. to conform to any utodi €Ceatioa to the tams and conditions of, all applicable pemstfs tram. the Safe of Rod& Depiubucnt of Eavironmeaftl. Protection, the applicable water management district aerdlar the U.S. Army Corps of Engineers, and aft other required approvals; area#, e. to remove any structure declared robe a public nukance. The Lessor shall allow the Lessee a reasonable time for compliance with the amended or new terms and con€fidaim C. This lease dam not preclude the Lessar Cram 4tusting the base lease fees or base rate during the terranoff this lease. D. The Lessee may not allow retail sasses, except oil acrd, gaa, such as the safe of faad, beverages, iron tackle, sporting gels,, and other mannalbaatsupplres on all structures within tlse teased premises including ft harbormaster quarters, without the prior wrift a rouscoat of Lessor. E. The Ussee agrees to remove,, at its cerperxse, the pilitgs hwated around the parcel of sab erged land previously deeded to sae Lessor by Sheri Warranty Deed reeordedMay 14. 1342, in Offiia A Records Rook 1551 Page 91LO, Public Records of Miaaa i Dade County, Ftodda should those pilings ever deteriorate to the to ft point aft omming a hazard to public safety or navigation as deterng:aecd by the Stye o €Florida: Dqmrtment ofErrvirotanental Protection ( Depa€tmear). Prior to mnovat, the Lessee shall obtain any required authorization from. lire Delsastment's Southeast District and all other required permits or authorizations tgorxa all applicable loud, stafe or federal agencies withjuris6dion. for this activity. F_ Unless art prized by the Lessor, the Lessee shall not rebuild or restore the neat -wafer dependent structures included in this tease if se Percent Or mom of th€ area a wadip sled by structure is destroyed or if use o €structure has been discontinued and 50 percent or more of the structure most he replaced in order to €estow structure to a safely useable condition. In adfditioa, The use of tfto noa -water dependent structures includzd in this lease shall not be converted to astern use except as authorized by the Lessor. Page b of 72 Pages SovemMuty Submerged Lands Lease No 130765469 ES: d 130AM OF THE 111'E`ERNAL 04PROVEPaEEW , TRUST FUND F THE :eEATE. cA'. flri Si Eke: P ° e !e ry ftentry l�p and Minagmeatt Ca" . t , . Manager , Bum= ofPubticLmdA DMsiaaaf& atefantfg , State afEoddalDeEsart . ig�satuce FAvimilmetl Iprote�ti an,a sagentforandaa6etralfaf #iielaparcfi of Trustees aE the Fnte=E Fmpyavewwt Trust Fund of fife, & te, of Florida ` Y ype Nam e f Wifeess STATE OF FL(lf€MA COLTNWOF I,EON � � The foregoing iaistrwncut veaa xknowledged before are 6116 day of x,10 (ay Je and Mam east Q0!jAvfUw 8 '.11®f5 ate LandL d ift l air Pt®rrda Froftefiam as aftn fir of fregoardof'E'rerstcesofthe Wnewl E t Truest Flard of &C StAte of - fu s' tS a[ APP Rt) AND A. • iii Elu � Sta afk'forrda. DE . Pr � ai ary Public Sletd of Pura Kathy C Griffin MY Co My Comrn118104 007270022 orb Bxp]res 1C1�W20ff CanmassianlSeriatTcfa Q ��'�?�a3 ;� W �: II LL`„"f 1 I$TC. ' t F Fa 1--Q �s Origia&�t $Igar7tEiCe Raul J. Agui a ��a��,o flEagf ' srguatuae of g r� off. :f � F F Y T dartte.af Witttess Typedciatert lslasne pft gab crB.Aut&asi. t, ;f ' $igrurtuse Ti eafExecuftAr1tfra>:'ity Guadalup •C. Raman TypedlP6oted Iota ire afW �aess "I �" STATF30F x[02 /0 /� COUN W OF *f6)y1— D4d 17ee faaego* ietstmmew ww acknawted$eaY befirre me tfds f8 a ^ elay a€ Q �l ; 70t0 , by �u4�tiftc� a aa l�fs�as ,S�andatwFseha[. fat rvStv6flvTia�tuEeac�Z.E�farida maafl lsnawrrtasrsseprhas Pry , _... . as id ca&rr My C --isSi" #W4MX PUBLIC -STATE OF FLORIDA "Robert E. Karcher : Commission #DD896080 . Si of 4ta E�Ubti� 4 •,,,••'� Expires:, JUNE 03, 2013 BONDED MRU AnANTIC ]BONDING CO,, INC Notary Fnblie, Smote 6f CanQaalissioulSesial Aia. P>jnttA Typal or Stamped urns APPROVED AS TO FORMA LANGUAGE Paw 7 Of 72 P99- SovmimWSubn=wdL,ands[meNo. t3€ 6M69 FOR EXECUTION WIT ES: odgi- dStnature' v Raul J.. Aguila Tw6&rk ed Num fWitnesa ,WW s4uftw Guadalupe C. Ramos Typ m14WF&A Afame of fWiwm "Lpmffim STATEof &491— i COUNTY OF r* /lfWW °�ll� The fa�egoi�g i tau t cwd� asknawEedged Gefare me dlis �� stay of /1' Ot16r779 g&z- ;10-LO , hY Matti EFeerera l3aarer as Chai for and an behalf of Wariu Beach sdeveEapxneat Agency She is gerSanaEly tanouaz tam or who flas produced as ldentileagoa MyCammimiau Erb sires: Signature ormataryPublic Nalaay Public, Statc of Cammission6ffial Mo NOTARY pUBI.IC -STATE OF FLORIDA Robert E. Parcher Commission # DD896080 ,, Expires; JUNE 03, 2013 $0100 I'll" ATL'SaMC BOHDIN(i Co.,INC - � •t\QQQI ibltis! � 1 � ti.. 'amflH Red'eveta t w � t • L7 [gTlatuce W L � k�Il LIELtSI a� j� M"4 } a q � ��'� E `�` . mad ffe>zr mSawe¢ TWe&?dh d Na— of ling Authority 4:haime�sam; Tine afEvneeuti�sg �tilrority PCir[ter, Typed or Stamped Rfam APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date -rage 8 of 72 Pages &waeigity SubmnM Lands Lease NG. 130765469 xian so tai Bhl it IS s 1 -6-: BB5 -------- RIDAID CLASSIFICATION Primary highway, Li food, hard or i hard wrlace— h 41 D Interstate Route U. S. RDU18 OSlate Route CounLy RDIRP MIAMI FLA Attacbme"t A -25I)qo-G2.Tr.()24 SSLL No. 130766469 49 35 1 5W—uj2FtjFS 1247 hMA 6 O R ' p' ' LEGAL DESCRIPTION: LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, AS LANDLORD, AND GARNER-MASON ASSOCIATES, LTD., AS TENANT, DATED JUNE 24, 1963 (A SHORT FORM LEASE WICH WAS FILED NOVEMBER 8, 1983, RECORDED IN OFFICIAL RECORDS BOOK 91963, PAGE 1143), AS MODIFIED.BY FIRSTAMENDMENT TO MARINA LEASE DATED AS OF OCTOBER 23,1991 AND SECOND AMENDMENT TO MARINA LEASE DATED AS OF AUGUST 11, 1994• (A MEMORANDUM OF LEASE AMENDMENTS WHICH WAS FILED MAY 29, 1997, IN OFFICIAL RECORDS BOOK 17666, AT PAGE 4709) AS AFFECTED BY PARTIAL RELEASE OF LEASE DATED DECEMBER 27, 1996, RECORDED IN OFFICIAL RECORDS 1300K 17077, PAGE 1193, AS FURTHER MODIFIED BY THIRD AMENDMENT TO MARINA LEASE AGREEMENT DATED AS OF MAY 27, 9997, RECORDED IN OFFICIAL. RECORDS BOOK 17673, AT PAGE 2846, AS ASSIGNED BY ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED JUNE 11, 1997, IN OFFICIAL RECORDS BOOK 17673, AT PAGE 2830, AS FURTHER MODIFIED BY FOURTH AMENDMENT TO MARINA LEASE: AGREEMENT DATED AS OF APRIL 15, 1998, RECORDED DECEMBER 15, 1998 IN OFFICIAL RECORDS HOOK 18391, ATPAGE.4862, AS PARTIALLY RELEASED BY PARTIAL RELEASE OF MARINA LEASE AGREEMENT, RECORDED IN OFFICIAL RECORDS BOOK 18626, PAGE 4364, AS TO THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LAND LYING WEST OF AND ADJACENT TO BLOCK 111, OF "OCEAN BEACH, FLORIDA ADDITION NO. 3 ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 81, OF THE•PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 54 SOUTH, RANGE 42 EAST; THENCE RUN EASTERLY, ALONG THE NORTH LINE OF SAID SECTION 3, FOR 1360,00 FEET, MORE OR LESS, TO A POINT ON THE EASTLINE OF BLOCK 90 OF THE AFOREMENTIONED PLAT; THENCE RUN 500 °30'00 "E, ALONG THE EAST LINE OF BLOCKS.90, 89, 88, 87, 86, 86, 84, 83, 82; 81, 80, 79 AND A PORTION OF BLOCK 111 AND ALONG THEIR SOUTHERLY EXTENSIONS FDR 5,207.00 FEET, TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 111.OF SAID SUBDIVISION; THENCE RUN 889 °06'00 "W, ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 111, FOR 26D,00 FEET, TO A POINT ON THE PAST WATER LINE OF 131SCAYME BAY, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE RUN N321216 "W, ALONG A LINE 300.00 FEET WEST OF AND PARALLEL WITHTHE WESTERLY RIGHT -OF -WAY LINE OF ALTNN ROAD, FOR 2,159.28 FEET, TO A POINT, THENCE RUN N28 °29'08 "W, FOR 323.93 FEET, TO A INTERSECTION WITH A LINE THAT IS 35.00 FEET NORTHERLY OF AND PARALLEL WITH THE NORTH LINE OF A LOT DESIGNATED 4913, AS SHOWN ON THE "AMENDED PLAT OF LOTS 43 TO 60, BLOCK 111, "OCEAN BEACH, FLA, ADDITION N00', AS RECORDED IN PLAT BOOK 14, AT PAGE 70, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE RUN N8B °07'28 "W, FOR 35.69 FEET; THENCE RUN 857 °47'44 "W, FOR 264.60 FEET; THENCE RUN N32 9 12'16 "W FOR 20.00 FEET; THENCE RUN 557 °47`44 "W, FOR 300.OD FEEf,TO A POINT; THENCE RUN S32 °12'16"1=, FOR 1,164.00 FEET, TO A POINT; THENCE RUN 357 °4744 "W, FOR 950.00 FEET, TO A POINT; THENCE RUN S32 °1216 "E, FOR 500-00 FEET, TO A POINT: THENCE RUN N67 °4744 "E, FOR 1tD.00 FEET, TO A POINT; THENCE RUN S321216 "E, FOR 912.00 FEET, TO A POINT; THENCE RUN S67'48'22 "E, FOR 347.79 FEET, TO A POINT; THENCE RUN N57 °4744 "E, FOR 360.62 FEET, MORE OR LESS, TO OTHER LANDS OF THE CITY OF MIAMI BEACH; THENCE RUN N 32 °11'37 "W, FOR 326,26 FEET, MORE OR LESS, BY OTHER LANDS OF THE CITY OF MIAMI BEACH, TO THE POINT OF BEGINNING, AND CONTAINING 37.86± ACRES MORE OR LESS Attachment A - _.------- ..--- .._..____--._P- age- 10_af -72 -F- ages -- -------- - - - - -- -- __- --------- ---_...___- ...._.._ SSLL No. 130766469 NOTES: 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N32 "W ALONG THE WESTERLY RIGHT -OF -WAY LINE OF ALTNN ROAD. 2) LEGAL DESCRIPTIONS SHOWN HEREON WERE PROVIDED BY CLIENT. 3) UNLESS OTHERWISE NOTED, THIS FIRM HAS NOT ATTEMPTED TO LOCATE FOOTINGSANDIQR FOUNDATIONS. 4) ORDERED BY, RCI MARINE, INC. 5) THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY' UNNAMED PARTIES, 6) VISIBLE INDICATORS OF UTILITIES ARE SHOWN HEREON, HOWEVER, NO ATTEMPT HAS BEEN MADE TO LOCATE UNDERGROUND ITEMS, 7) DISTANCES ALONG BOUNDARY OF SUBJECT PROPERTY ARE RECORD AND MEASURED UNLESS OTHERWISE STATED, 8) MEAN HIGH WATER LINE AS SHOWN HEREON RUNS ALONG THE FACE OF EXISTING BULKHEAD LINE MORE OR LESS, 9) AS TO RIPARIAN RIGHTS, THE CITY OF MIAMI BEACH IS THE OWNER OF ALL THE LANDS LYING EASTERLY OF THE MEAN HIGH WATER ALONG THE ENTIRE LENGTH OF THE SUBJECT LEASE AREA, 10) TOTAL LINEAR FOOTAGE ALONG SHORE LINE = 2,809,46 LF. 11) ELEVATIONS IF SHOWN REFER TO N.G,V.D. 1929. 12) SOURCE OF ELEVATIONS: MIAMI -DADE COUNTY BENCHMARK NO. D -151, ELEVATION 3.72' N.G.V.D. 1928, 13) COORDINATES SHOWN ARE REFERENCED TO NAD 1983, N: 522,411.3632, E; 939,889.7387 14) AN ABSTRACT OF TITLE HAS NOT BEEN REVIEWED BY THE UNDERSIGNING SURVEYOR, SOME EASEMENTS AND REFERENCES SUCH AS OFFICIAL RECORD BOOKS SHOWN HEREON WERE TAKEN FROM SCHWEBKE- SHISKIN SURVEY NO. AJ4058A, DATED 11-16-2007 WHICH WAS PROVIDED BY THE CLIENT, 15) BULKHEAD ELEVATION 5.10' N.G.V.D. LOWEST WATER LEVEL= (- )1.34' N,G.V.D. 16) TO LOCATE THE MEAN HIGH WATER LINE SHOWN WE USED THE OUTSIDE FACE OF THE.SI =A -WALL OR THE SHEET PILE IN CONTACT WITH THE WATER, IN SOME PLACES THE FACE OF THE METAL SHEET PILE IS UNDERNEATH THE OUTSIDE FACE OF THE SEA -WALL, IF THE SHEET PILE WAS CORRUGATEP WE USED THE FACE FARTHEST FROM THE LAND. DISTANCES SHOWN ALONGSIDE THE SEA-WALL WERE MEASURED OR CALCULATED USING THE SAME CRITERIA, ON THE AREAS OUTSIDE OFTHE SEA WALLS, THE MEAN HIGH WATER LINE SHOWN WAS DETERMINED FROM TIDAL 13ENCH MARKS 150, USING THE LABINS PUBLISHED ELEVATION OF 0.15 FEET FROM THE 1985-2001 EPOCH. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY: THAT IN MY PROFESSIONAL OPINION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED "BQIJIVDARY SURVEY" IS TRUE AND CORRECT AS RECENTLY SURVEYED UNDER MY DIRECTION AND ALSO THAT Nis'pol,9NL7AkY SURVEY" CONFORMS WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIQkliQAAD tip 110FESSIONAL SURVEYORS AND MAPPERS IN CHAPTER BIG17 -6 OFTHF FLORIDA ADMINISTRAT]Vtd4 DE' URSl ANT-TO SECTION 472.027 OF THE FLORIDA STATUTES. - 7 7 DONALIJ .RAMS' PROFE (OPAL RVI;YO AND MAPPER GERTIFICATF N 585 -- .—STATE . OF FLORIDA Attachment A __....._..____.--- ......._..__. SSLL No. 130765469 go M Hill MIAMI BEACH MARINA ------- SUBMERGED LAND LEASE SURVEY T ... — ... ....... . �M MARINETINC MIAMI REACH, FLORIDA Page 12 o ' f 72 Pages SSLL No. 130765469 II` T��IIt` �AIF ,�I I� ^ °gl #,t° € 6IwIf€:I € €1'1'1 €',! llaiIlk i t €I l € �Is I�,II II i W4 .•� 1 i I k � m 1 p , i MIAMI BEACH MARINA SU BMERGE D LAND LEASE SURVEY ML4MI orACFI, FLORIDA 4 A A — Page 13 of M — pages SELL No. 930765469 a I mAC ARTHS R Attachment A SSLL Nu. /30765469 1 m� 5z S - -ACH MARINA AND LEASE SURVEY - - —= AARINE, -INC. LEACH, FLORIDA u j. ST J a � _Attachm A - -_ . - - -- Page 16 of 72 Pages SSLL No. 130765469 w • w4Al wuaf.n am Frr ' °" rnn ° �' 'This 5ptdill Varranty' I WA '-w, I,lr dr. , •1 Iuly,' A 11 t'r as 1., 1 SOU111 P0111TE OEYFLOPME1if cOMPANV, a- herida corporation. brrlml +rrro0rdd1n,u1,lrtn In CITY OF MI 1 i1thG11 ,.`a.munickpalcofPdrdLidn organized pursuant to the laws of the State of,florida.' ' fuhrn pndnfirrr oddrn„a 1700 CanvRgfion centerllrive, Miami'Beath, FL 33134 Lorfnni,er Ifir nrcurrr. ' ' .Mlrrne. �yrG� \r,n. i4 xrn Iirr r � � u arl ,N 4m. Mn ,Ir, -nxnw ur n �..r "' • , LLI - ..a:A:4. W G , w �•••s• 'T•r1 -" .l{tiUl wth TLor lil, nr.ni.r. k. r:P'd In. rhlilldrr.ugn .i du awn •1 $10.00 pnrl .1, nr eelwnlrlr romldr,nlmne, ry l 111ri�i lhii( 7f y s ifs u, P f cXkIRS�EtaPty."Me, wew..rs�fs..gl{fn..: mile. erbotn, rnnlvir rnlj r.n�lmui+,ya 1�lr. atenl.r,'•fl �Igf,'r• ?'r+alnt�orrl •n.a+. +n Bdde ' C.uMt. flwlrio, rix; •,tn ` r ' See legal description attach0 "A Lr. Oranter hereby excepts frun this conveyance, and specifically reserves for itself, .its successurs and assigns,.(includirq without limitation, ownorP, tenants, guests, inv4teas :faedi +>ri[ig ; 4CS�lI,(3 . siJ ^FAT. apartments and other property located on Blocks 1- Rr•inc.lOSive. of.SOUth Pointe Park, t according to the plat thereof recorded Plat Bbok 6, At Page 7'7, of the Pgblic Records of Pade County, kloyrl)$b'Y a,perpetU6y', non•exciuslve ense=nt of ingress and Egr'es3 in, over, on apd t�+rpuyh dull } act pcnPerty, as long as such aucess does not uilydasonbb 9'lnterf.re.Hith public use of such land. f)g {It¢`, trnll .II fbr 1.n+rlrna, lfl ,la,nrni,••nrl:oripral1 dbrlrlo.:l..11ongmp a. In am u•Ir nApnlaananl . 1', r� trim• I . 1 .. .. . , ' . To iiauc anti to ROW, +rs,� k;'tmi4h I„f�x� ,,,,,..i,�;twp .' •'-, '. 4Py','lrn.s 1 [Ir3. �JHnrrl4:l�'� . r:• y ' W rkr pm or J-111 lb - n11 1 1 p•i+h,eaid I,, rl illrr pionr'' I, ku•fullr ermr,f 4 fold 1„n4 In i•• ein,1,; d., d,. aronlnr ba. peed n n,! loa•!ul •Jlhonlr v ll enii ionwr .old 1. I1 nm rla mmo by ,varr•nrr 16 .nl. m ra•d LnJ nail "�n1l .lrfrn'.i r6r wmr uPnlvl ehr [.�lAd qAn. nr .11 Iw^ by, 16mlgdl r. 11nda Ibr .o,d nalnn>r in 'WittlESi hereof, d1r ,old,::ei°,,I ml ,h n l ; ,l y �r1111a•;ri,..1� jhnnA a —1 It. d.r n J y r [Y s 1t' s '.•¢ y {f �nl'.:1.1.�' 4. P 11Y' • "iinl n6orr n.rum• a�01��i r Ol• LOPHEItT GixS A $Ipnref. !wl n JrS' " .. • ... Attest; yy STATE IT FIAIMIGA, n r ' �t'• i':, rr : .' ' wv. . cOCKn' BADE S •4 .` .. n P,g 1 IlhRfal' tltR'1115 eau nn m1, an, W1.1 mr dfitrr dolt .mhornrd m IFr 51 n. de,a,la ,,d mrlh 'f L i dnq '•I'IMrt.f V�rrrnte,:p,M e11F ePR'artd _ Phn_'1F K,ftit� z r ' aali "'''u t [ s5 s { - 1 r r r Pinry , p y 5 TM. POiiITE O�YEfI E T L P� d TT. .R12tfSalAeSarC't5 :ee e�mlilrlS lhr lmrr luru.+in, •n Y eY •e1e,•rlle F ,d no 6rl.rc nr Nn they rxrr4d'thr ume. r,,:, ',:. t ' . • '1` [ . .. r,1a',t WMESS mr herd •e.a eleel•1 r•11 in Ihr L'.n<nr. ena a1•V lnl •Inmerd 1+hn lkP39 ,. July, A n 19 B5. 4 .�` .jtl.. - •.s;..''.• ,rYJ�;i��€R:4'afaf>;' . ti l"' �� i nr'• .,' * '�' •" '; • - I ' 5'' .. :i;, `i lYul lrlgnrrraul�hftmr /!s' ja2q' "M0 r / venuellorth 11 11,. l.fln. St. Petersburg, FL 33710 (} 11 + : •,ISII. � #i; Irr ---- Attachment -B— page 16 of 72 Pages SSLL No. 130765469 REC P ri L UW on lurive I I 'khI06ker Sur4ey, fies. M/85 A 50.00 FOOT DEDICATION IN SLocK recorded JA Pint Book & at Page 77 of the pehllcrRncards of Dddo•C-OuhtV Florida. Said 5D.OD Foot Dadlcatiao bel9j] detcrllbojd as fol lavSo Bounded on the North by 4hP-V*rA4' Bounded on the S outh b th4,5 Ilia • sb`id Block 8. sol Southerly line also being the Northerly the GOV9% M.T, `�._ ES ' 911YA710N, es recorded ip 0.'". Hot* 10271 at P:m' nq 1060 and lb69, vubkta cpr bi Ueda County. Florida; . : - Bounded on the test by, I n p6raliel"to 'and 0.00 tout Fms1wJY Of. as mahawred.vt 90 4ogrea5p 10''the Block lij by "above-referenced Block -13, Bounded on the must -Ah.-14,4te�lly sa id Wesi mv ly I l". 01'. 1 l 134�cayfto Bey, LURK LIRo,ir 6 Nj r ;O!L 1. X. . 4. 00' T Page 17 of 72 Pages SSLL No. i3D7654189 ' llus rnSlrumanr prapalcd by Of under the suparrmpn at land arrar recardteg should be rowmad tot WON* Gorsan, Esq A 1?R33866b' 1999 adl. 27 t113D tspaco Reserved rot Clerk of court: AMEN RD AND EBTATED 3 NT 6F 1B ALK EA8EMWIT a Aww Flonda 331a 1 � Ti i Glaenbarq Troung, f Mon Brick V 12 n kl r .[. 1 3,„ 21 Morrie r R, 133 THIS AMENDED AND RESTATED GRANT O rr..��A�YV1AL� 1 ('Grant a" Baywalk easoman') Is made and entered into as of ih �9" day ollApr�, 1999 by and amorlg V1ft1$T 1310E PARTN ERS, LTO„ a Florida Ilmlled padnereh.. ('Weal 61�da"j, YACHT CLUB AT PORTOFINO, LTD., a Florida limited partnership ('YachtGlub') [West 5ida and Yacht Olub are hereinafter coflaakively raferrsd to as "Grantorl and the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation { 'Granleo "), the mailing address of which Is 1700 Convention C;aRler Drive, Miami Seach, Florida 33139. WiT�rj3S5�T�l' WHEREAS, Granter and Grantee entered Into that eenaln Gran[ of Haywalk Easement recorded January 29, 19% in official Records gook 17077, at Page 1232 of the Public Records of MiarnkDade County (Iormady Dade County), Florida (the "Existlag BaywAlk>;namanY); and WHERW, The paftias have agree to to below, and restate the Existing BaywaIX Easement In Its aRTlrety as m ore particularly e NOW. THEREFORE, in Consideration 01 the sum of Ten and Noll 00 Dollars (510.00) and other good and valuable consideration, the receipt and sufficlency of which are hereby acknowledged, the parties hereto hereby agree as follows; 1. The foregoing recitals see lnla and eorfect and are Incorporated herein by this refaie nee. This Amended and Realated Grant of Daywalk Eausmant hereby amends, replaces, supersedes, and replaces the Existing aaywalk Easement in Its entirely. and aceerdfhgly, born and after the dale hereof, the Existing 13aywslk Easement shall be of ha further farce or affect. 2. Grantor hereby pranks, convoys, bargains and sells to Grantee, or Its Permitted Successor {as defined in Paragraph 10 hereof}, for the use or the pobllc generally and such persons as shall from time to lime be dasignated by Grantee, a permanarti, Irfevooabfo non- exclusive easement (subject to the provlsianu of Paragraph 16 below), for the purposes herein expressed, over and across (hat certain parcel of real property {the "Euooment Pareall slLualod Iherebyadmade n pan hereof, subject to the 1011 w ng terms. aol annexed ndltkons and reservallDris. - .s .. ;. . .. ''�'•a: :,-: lr.rtir �iLr>•,�!F >; .. :..L, ' '.e• ?;..•e,..a.•ws•r,....d�::. ups.- 4ltd'li..n•. . - -- 9 ttaciia�Le nt B -- _ -.- Page 18 of 72 Pages SSLL No. 13U765469 err. +Br 133 134 Rf L, 3 The easement hereby granted shall be for the 13018 purposes of providing to the public and le Granlee, as mvile8s, agents, employees. guests, lessees and liOanseas, including, without limitation, Grantor, ds officers, umpigyeeS, agents and eontraclora, a nail- exciusive way of passage, and access to, and reasonable use al, the Easement Parcel as 0 baywalK for (i) pedestrian use and use by only Gmntee and Its Sessees andlor sublesseas of small electric powered type vehicles or similar vahiclos (such as golf carts) which may have natural or liquid .propene gas engines (provided sold vahieles da not create any more noise than electric powered vehlcles), (ii) access to the contiguous marine ll e >hhe use of emergency And of Paragraphs law enforcement vshtclas (for emergency use only), ( I v ) su bj ec t to provisions '7, 8 and 9 hereof, for the installation, relocation or molni0nane4 of utilities salving the contiguous marina property and tha basement parcel In the subsurface of the Easement Parcel and lire maintenance of any ulillily boxes curranily totaled an the surface of the Easement Parcel, and (v) vehicles necessary to tabuild Or replace the piers located adjacent to the Easement Parcel In the event of a casualty or required l In the normal r rmaland customary operation of ills marina property (p o fried such vehicles Will the pedestrian use of the Easement Parcel), 4, Grantee, or Its Pormlfled Successor, as applicable, agrees that It (1) shall make The easement Parcet available for use by the public generally and by the 103060 of the contiguous marina property for madna operations (the 'Marina Lessee"), pursuant to the lenns and concillidns of that certain Lease Agreamani entered into by and between Granlsa. as Lessor, and Gamer -Mason Associates, LId., as Lessee, dated June 24, 9983, as amended by a Le f=irst Amendment dated oclober b, 3991 (the 'Flrsl Amenndment to the Marina Lease "), a Second Amendmenl dated August 11, 19134 (the `Second Amendment to the Marina Lease'), a Third Amendment dated May 27, 1387 (!he 'Third Amendment to the Marina Leass'), and a Fourth Amen an[ daled April 15, 1g9t1 jibe 'FOUrih Amendment to the Mafmu Lease'); said Lease Agreement. as amended ( hereinafter sometimes colledivety refarNd to as the `Marina Lease'), and any subsequent losses of the marina propany for marina operations, (ii) shall, except as horalnahar expressly provided, restrict the use thereat to, and shall adopt and enforce regulations to limit such use lo, pedestrian use, the passage 0 1 small elociric powered - type vehicles of simllar vehlcles (such as gall carts) which may have natural or tig4ld propane gas ongines (provided said vahldes do not create any more noise than etacidc powered vehiclesl with respect to Grantee and Its lessees andlof suh105511e5 OMY, and the passage Of emergency, law enforcement and repair vehicles as provided for in subparagraph 3(v) above, ph) shall not construct or, except as hereinafter expressly provided, Permit to be constructed upon the Easement as sp any by in b ll p`ovided sorta h Improvements similar tsol0 Cost And (IY) except Only as spetificall p ara g p ( J below, shall, al its and expense, raslore, mainlain and repair, including, a$ required, the roplacomont h0m time to time at. Iha Easement Paieal and the rip-rop or olhar bulkhead and support structures on or abutting the same 41360caty including the seawall and alt marina fac111iles located adjacent thereto) In a first class condition comparable to the remainder of Grantor's property and otherwise in accordance with the Operating Standards (as defined balewl; and except only as specifically pravldad In subparagraph DW below, Grantor, Its successors and assigns, shall have no fesloradog, maintenance, repair or raplacament obilgatlons with respect to 1116 Easement Parcel, except to the extent that ally of Lhe foregoing shall be neceasilated as a result of the use of the Easement Parcel by Grantor, its successors and assigns, pursuant to the provisions of IhIA Grant of BaywalK Easement. .2. r Wage 19 of 72 Pages SSLL No. 130765469 kt[, our. 1 B71 135 ' 6 Tha parties acknowledge and agree Thal the Easement Parcel Is intended to be used and maintained In a first class manner and otherwise consistent with the high standard of the proponrss located adjacent to the Easement parcel which Ora owned by Gtanlor and Are 'Ily highest standards at standard so d the consistent ent with the foregoing se which at minimum will Include 24-hour a day socufily (piov)ddd that Grantee shall not be obilgats i to hire private security and may provide the requisite security through the City '01 Miami Beach munlcipol police torte), daily refuse removal and Wt. class maintenance and rapairi Grantor Shall propose to the Grnnlae reasonable initial Use and maintenance standards. including rules and regulations at least 45 days prior to the completion of the conarruatlon of the baywalk Improvements pursuant to paragraph 9 ba)aw, and Grantee shall have 30 days 1 (easoneb)y review and approve these standards In willing. In the event Grantee disapproves the proposed standards, Grantee shall provide Grantor with ppectUc written raaeons therefor within said 30- day period. In Zhu event Grantee raps to respond In the Grantor In writing wllhin sold 3o day period, the proposed standards shall be deemed approyad. The parties agree la use good taflh 00orts to mutually agree to such standards. Any dispute as to Brio pd maint nonce Bla shall, which the parlles.are unahle to resolve within the 46 ddy p pursuant to paragraph 9,7 of that MUM Agreement dated November 7, 1986, by and among Grantee, the WHO Beach Redevelopment Agency and various Portofino En11Nes, including the Grantor, as !scolded in Official Records gook 16987, Page 1197 of the Public Records of Mlacaj.Dads County, Florida (the - 1995 l)svelopmanl Agroement') be submlhed for resoiutlon Is the GlfGvll Goan Of the 19th Judicial Circuit, Miami-Dade County, Florida, The use and maintenance standards, including rules and regulalions, as so promulgated and approved are hareinaher collectively relerced to as the - Operating Standards. The Grantee shall be responsible, at Gfanle.e's soil cos' end expense, for the meintananca of molded Eas ement Pa ent in accordance wtlh The Opareting Standards as pravlously eslaolished, p shall be permitted to make non•mstOdal modifications to such sentiards provided further such modirtwllons do not materially raduce the evaroll standard of quallly eslaWshed by the Operating Standards. Any talluto by the Grantee, or its Penrlllled Successor, to property use and maintain Iha Easement Parcel in substantial accordance with the operaling Standards shall be deemed a default hefdnder, b Grantee, and its Permitted Successor, shall be liable and responsible, to the extent permitted by law. for any costs, liabilities, claims or damages, including, without ilmilalicn, reasonablu allorneys' fees and disbursements at the trial level and all levels of appeal, relating to death of or injury to persons, or loss of or damage to property, incurred by Grenlot, Its successors andlor assigns, and resulting from, arising out of, or Incurred In connecgnn with, use of the Easement Parcel by the public generally or by Granites, or Its permitted Successor and their respective invilses, agents, amployees, guests, lasseas of ucansees In connscdon with the easement herolrl granted or lho use of the Easement Parcel. in addition, Grantee, and Its Permuted Successor, shall defend any and a ll claims asserted against Grantor, Its successors andfor assigns, resulling from, a45149 out Of, or Incurred in conneclim with, use of the basement Parcel by the public generally or by Grange, or Its permitted Successor and Ihplr respaetive Invilees, agents, employees, guests, lasses$ or lioanseas In eonnsollon with the aaaemenl herein granted or the use of the Easernant Parcel. efend he In Such event, Grantee rhslhalle bBtl p /tede ai co t ddexpensetl 10 FOI in claim, hmvayor, independent counaet to nlonhar the claim placeading. Nolwllhstanding anything contains herein to the contrary, neither Grantee, not Its Permitted Successor, shall be obllgalod or liable s -^-•^- � o. r��sraiais ::ai�r•L.: . ___._— - -` • �•�_ �. Y . - � T��eva�slVF '1fRti:fs� *rv� 'Ct".- " L: _. _ - - - - _ _. _ _. - ___ __ -. ,.. Yom• ... . .. , .�. . .��._..�.. _�.� .._ ..� Page 20 of 72 Pages SSLL No. 130765469 i ' 'x.187 I A 13b to Grantor of any third panles for any 001113, lmhllities, expenses, losses, claims or damages, including, wilhoul limitation, raosonabte attorneys' fees of dlsbursemenls at the Ire I z l 0 ve l a r t a levels of appeal. In respect or third party claims relating to death of or Inlury to p at, or damage to, property, and resulting from, arlssng li 0r Ile Permuted S and of the Easement Parcel by the public generally or by Grantee their fesparalve invlloes, lassoes, agents, employees, gijaale, or licensees In connection wllh Eosomeni Parcel o the eacemonl herein grenled r the u e o soverelgn Immunity - provided urr Florida o t rom slalule o , o le Ilmllattons on the Setulory weWar 5?66,28 su c c ess o r o skoluh) th �e rei n ). nyileass esa emptoysele rage s`rllcenaelesnor Of negltg an1 acts corilroolors. By oxocutlan of the Joinder attached heralo, the Marina Losses {an behalf of 1lself and lie successors and assjgn*) consents end agrees to chide by the terms and Conditions of this Grant of Baywalk Easement, and hereby IneyamnlflBS Grantor and the Grant and hoi do Grantor and the Grantee harmless fforn any costs, exponses (including, i lls attorneys' fees and courl costs, at the trial court and any appellate lovely) and dama l i rislii 10 a to, to death of or Injury to persona, of loss of or damage to properly, including, any violation by the Marine Lessee, Its Invitees, 0901t15, employees, guests, lessees or licensees of any laws, rules, regulations or ordinances rogarding hazardous materials, hazardous wastes, hazardous substances, solid waste or pollution, whelher now existing or hereaRer era psencs rale or ih�eat tale se n haze dn materials, hazaEdaus wesl Laws "), an P hazardous subslonaes, 011G wasle or pollution, a t, upon, under, from or wilhkn the Easuests' ?steel arising n of the activilias of the Marina Lessee, its Invitees, agents, empIQ 8 Ds, guests, lessens or lic the fail 8 ny or a 1 o s requiro d to be lakah under any IosSeas or licensees to duly p 0 Environmenlal.Lao- ws, Including, wilhnul limilalion, the imposilloo by any gOVOM lefstal alit o ll of any lien or scalled 'super priority lion upon the Easement OnVire any cleanup liability for persona) Injury or properly damage or damage to Ina anJvonmenL and any fines, penalties, and pvnlllve damages, or any fines or assessments arising out 01 failure of the Marina Lessee, its tnVllBes, agents, employees, guests, lassees or licensee to comply with any laws, rules, regulations Or ardinent es yoveming the use of the Easement Parcel, which Grantor aM1dlvr the Granlae incur as a reeull of the Marina Lessee and its invllees, agents, ernpSayees, lessees and licensees using the Easernenl Parcel, lout a%clud t any claim resulting tram the inlenlional or negllgent acts of the Grantor of the Grantee (and tvvidads haws and all9 rsa the and their (aspectivs officers, employees, agents or contractors: p foregoing Indemnity will not negate or In any way abrogate Graalae's indemnification of the Marina Leases pursuant to the tarns and conditions Of 96G(laa 8,32 of the First Amendment to Marino Lease. Marina Lessee (and Its successors and assigns] shall defend any such Iha Ma r Its suacossors andror assigns, or the Grantee, its claim rind ed against the Granto fr , om arising out of, or Incurtad in connection wl sand use auccessors andfor assigns, resullirsg of'the Easement Parcel, pursuant to this ran( or Baywaik Easomanl, or prior haralo. In such event, the Marina Losses shall be entliied to select cOUrel of it choice to defend the doom; provided; however, that the Gran(Or shall bo permilted, at its cost and e� n ssion of t lho indapendont counsel Io m0nllaf the claim proceeding. Prior to taking p art the Marine Lessee shall P Easement Parcel Pursuant to this Grant o! u Its Ik Ea ry insurance al n9 vriih the aPP qrP "g e to the Grantee and the Grantor a co py of endorsemanl showing the Granlee and the Grantor as addillonal insureds, wluah Palley shat •k- ' r y r t. r■C(fF_d. 7 1 Page 21 of 72 Pages SSLL No. 13D766469 M': i 871 1 37 provrdo insurance coverage in a commercially reasonable amount for similar typo factRtias. to Ilia event that lhs Marina Lasses Jails to plovide a copy of the renewal tntormation for Bald liability Insurance policy or policies to the Granlee and Grantor prior to the expiration data of said policy or pelicles, then the right to use the Easement Parcel pursuant to ibis Grant of Baywalk Easement shall cease unfit such time as a copy of said renewal information for said liability insurance policy or poGeros is provided to the Grantee and the Grantor Gfantse, of tie agents or eMPioyeas, shall be lioblo and responsible. 16 t6 h exlenl pormilled by law. for WY costs. liabilities, claims or damages, including, withaul limitation, feasmnable anornays' fees and disbursements at the trial level and all IBVets of appeal, rotating to death of or Injury to persons, or loss of at damage to properly including, but not limited to, any violation by the Grantee, its agents or employees of any Environmental Laws, any presence, rotease, or threat of release of hazardous rnaladats, hazardous wastes, hazardous subslances.'sogd waste Of pollution, at, upon. under, from or wflhfn the Easement Parcel by Gj�Dntao, its agents or employees, the faliwa of Granlee, aganls of emptnyaes to duty perform any obligations or aclions required to be taken under any Environmental Laws, Irralnding. without limitation, the Impasitian by.any governmental sulhortly of uny lion or so�calted'super or priority pfoperiy damage or damage Easement 10 the onmanin and any fine s', penalles i arid p five damages incurred by Grantor, Its successors andlor assigns In tine to the Easement Parcel, and resulfing from, arising out oh or incurred In connection with the use of the Easement Peroal by Grantee, or Its agents er employees. In connection with the easement herein granted or such use of lho Easement Parcel by the Grantee. Grantee, or lis successors and esslgris shalt defend any and.all claims asserted againsl Grantor, its successors andlor assigns, resulting Iram. Sarising out of, or incurred in connection with The use of the Easement Parcel by Grantee, or its spents or employees, in connection with the easemani herein granted or such use of the Easarnenl Parcel. In such event, Granlee shall be entitled fo setacl counsel of Grantee's choice to defend the clalm; provided, however, the Grantor shalt be permitted, at its Lost and. expense, to retaln Independent counsel t b rl or the n t mit proce e ding. on tw g stan i A anything contained herein to the contrary, oe be obligated or liable to Grantor of any third parties tar any oosls, fiabltitias, expenses, tosses, ctatms or damages, Including, without limitation, reasonable atloineye' fees or disbursements at the trial level and all levels of appeal, in respect oS third pally cialms relating to death of or injury to persons. or lass of of damage to properly, and resulting from, arising out of or incurred In conneciionwith the use of the Easemnnl Parsat by Grantee, or Its successors and assigns, and their respadllve agents or employees, In conneofian wlth the easement herein granted or the use of the Easement Parcel, for a'mounis in axcass of those timitatinns on lima slalutory waiver of sovereign immunity provided under Flodda Sketvib § 768.26 for any successor elalute thereto), or In respect of claims resulting from the intentional or negttgan; acts of Grantor, Its O ff ic ers, invileas, 1055603, amployoes, agents, guesle, Ilcensees or contraclars. In the avant that the Marina Lease expires, or is canceled or lannlnated, and a new lease for the Marina is not Immediately entered into, then, for the period of lime that there is no Marina Lease or a new lease for the Marina, Grantee shall be liable and responsible, to the exlehk PesmlHed by law, far any costa, tiablllllas. claims or damages, Including, without llpolallon, reasonable atlofnoys' 1009 and diabursemanis at the trial level rind all a by Gp Its succes to sors oars ndlor to persons, or lass of of damage to properly, the subieci properly, and,rasu8ing from, arising out of, or incurred in connection With the use of th eaeemanl Parcel, pursuant to the Terms of This Grant of 6aywalk Easement. Grantee shall defend any such ctafm assur ad against Granlor, Its auccessors andlor assigns, resulting from, ._..- ..�__.. -. � ---•-., �, wl._ C, rt�Qkwtt :'llawr�,anw..,..�+ -�'- -; .�� r • : _� � ;fit i as' €�: � �3 Attachment B Pag Paiges SSLL No. 134765469 RU; 187 1340 136 arising cut ol, or incurred In conht:ctian with said use of the Easement Parcel, pursuarl to this Grant of 89ywalk Easemanl. In such evonl, (3ranlee shall be entitled to select counsel of Grantee's choice to defend the claim; provided, however, that the Grantor shall be permitted, at its cost and expense, to retain'indepandenl counsel la monfior the claim proceeding. Notwithstanding anything conlainad herein to the contrary, Grantee (without Iimlllng In any way the tlsbliq of the Marina Lessee) shall nol be obligated or liable to Grantor of any Ih'ird par1libs for any coals, liabltllies, expanses, losses, clalms or damages, including, Without fimltallon. reasonable attorneys' fees at disbursements at the loal level and all levels of appeal, in reapset of third party slalms relating to death of or ln)ury to parsons, or less et, or damage lq property, and resulling Gam, arising out of or Incurred in conneclion with said use of the Eaaamenl Parcel pursuant to this Grant of Baywalk Ensemant, tar amounls In excess of those limitations on the slslulory waiver of sovereign Immunlly provided under Florida Statute 3 768.28 (or any successor stalute thereto), or.in raspeck of claims resulting from the lnlantional or negligent acia of Granlar, Its of5aars, Invitees, lesseos, employaaa, agants, guests, licenseaa or conlraclam. 7 Grantor resarvas unto itself, its suceassors and assigns, the perpeluat right and Privilege of; A. Unraolricted access to. over, across and in the Easement Parcel for purposes consistent with Iha use of the Easement f 8rcal as contemplated In this Grant of f aywalk Easement (which shall not Include vehicular use except for constmction. delivery {provided Grantor agrees to reasonable restrictions on pormltied delivery hours and to not permit delivery vehlcles to park In the firs lano, which shall be Intludod wlthin the Operaling Standards) andlor maintenance vahicie8) and provided such uses do not maledally interfere with the continuous use of the Easement Parcel as permitted herein by Gronlee, or lt$ Permitted Successor and its Invitees, agenis, employees. guests, lessees and licensees; and B Using. in common with others entitled to the use thereof, and granting, without the joinder or consent of Grantee, or its Parmltled successor, to other persons, corporations or sniffles, the right use the Easement Parcel lor: (1) all environmental ramediaiion purposes; (ii) construction slaglng purposes; (iii) construction of the easement as conlamplatod by this Grant of gaywalk Easemanl and the Grant of ar Of t Grantee exacusad of even date hare r l l ydth, (iv) such other purposes asmaybene to satisfy Grantors surviving 0hSlgafions under the 1995 Ravatopirtenl Agreement (if any) and that certain.Development Agreement entered into by and among South Shore Development, Ino., a Florida corporalfon, Grantee and the Mlarnl Beach RedeValDpmant Agency dated the 771ih day of April, 1986 and recorded in Official Racords Book 12873. Page 2632 of the Public Retards Of Miami-Dad" County, Florida (the '1088 Development Agroamarit'). provided such uses do not matedeily interfere with the continuous use of tho Easement Parcel by the Grantee, or Its Permitted Successor and its invitaos, agents, employees, guests, lessees afxd licensees as contemplated In this Grant of Baywalk Easement; and •6• r - �. � � , •.1': 'mkt ' •� `.: ''•. ..' :1 "�;': •'' �� of f ' 11 }}f• J' ,� i y:.,:;yry � ;.�S.r. � +:�t �t'x • �.•., �� :Y'i.: N.::'I `,.'.. Y ti �1 Attachment B Page 3 age - SSLt_ No. 130765489 Ke'! 18(1 3M 139 C Using and occupying. and grani ft Io others the nghl to use and oeaupy {IJ Subject to the provisions of Paragraph B hereof, the subsurface of the E.asemunt parcel for any utility or drainage purpose or olhar use or purpose which does'nol matedahy Inodoro with the non-exclusive rights herein granted 10 Grantee, or As Permitted Successor and lls authorized invitees, agents, ' employees, guests, lessees and Ilcensoas, including. without limitation, the right 10 construct, Install, maintain and eperale therein alectricai, lalephone, telegraph, tetecammunlcalion {including cable latevis(on), Bas, gasoline, sewer, water, end drainage fr MOB, related aquipment and f IVAles and the Ioundation and footings of andlar anchors for subsurface Improvomenls: and (li) The use and or cupnncy reserved heraln $hall include the righl to reconstfuM. decorate or otherwise enhance the appearance of any landscaping and site Impravemanls located on the Easement Parcel al any lima and from Lime la time, at Grenloes, 315 successors' and asslgns', cosl and expense, Provided such conslnJCtlOn, daccrallons and enhancemonlS are reasonably acceptable to Granleo and olhorwine eonslstenl with the operating Standards. Grantor, Its successors and assigns, shall, al Its cost end expense, maintain and repair any of the Items ii shaft construct or install on or under the Eaaemanl Parcel pursuant to the pinvisions of this Paragraph 7 (bul not Paragraph 9 horeol): provided, however, that notwithstanding anything heraln contained to the contrary, this Paragraph 7 shall not he construed or domed to relieve Grantee, or Its Permitted Successor, as applicable, or its obligations to restore, repair and mains }n file Easement Parcel. strictly in accordance with the p(ovislons of this Grarsl of Boywalk Easement. Grantor shall be liable and responsible, to the extent permitted by law, for any costs, liabllittes, claims or damages, )nduding, wihout limitation, reasonable atiamoys' fees and dlshur3ements at the trial level and all love$$ of appeal, relating to dealh of or injury to persons, or loss of or Omega to property, Incurred by Granleo, or Its Permitted Successor, and resulling from, ariaing cut of ar Incurred In conneciion w1h, use of the Easement Parcel by Grantor, Its successors andlor assigns, and their raapecilve Invitees, lessees, agents, employees, gussls or nvlleasslessees9empYayeestlnagfents ,lticansaesoorl conlradlorc` acts additionl hall defend any end all claims asserted ogalnsl Grantee, or its Permitted successor, resulting from, arising oul o! or Incurred In connection with, use of Iha Ensarnanl Parcel by Grantor, Its successors sndlor assigns, and their rospaclive invlleos, lessees, agents, employees, guests ar licensees, to the axlenl resulting from the Intentional or negligent acts of Grantor, Its officers, Invllees, lessees, employees, ageals, kons000 or penirs0ort. in such event, Grantor shaft be atlltllad to select counsel of Grarilor's chairs to defend the claim, however, Grantee shall be permitted, at Granioe's cost and expense, to relain Independent counsel to Monitor the claim precoeding. B. rho parllas agree that in connecllon with each of their respective rights to install and maintain ulitilles In the suhsurface of Ito Easamonl Parcel pursuant 10 this Grant o! 13aywalk Easement, each party (ij shall notify the other of lls Intenllon to install, repair or otharw95a maintain such utilities, (11) shall conParela fully with thb other party and lake such slops as may be necessary to insure that any such Insta3lalion, maintenance or repalr Of said 7- M spt ry`; , ` Attachment B_ Page 24 of 72 Pages SSLL No. 134766469 UC: 167 140 utilities will not Interfere with the use or functioning of existing ullillies, (14 shall, to the extent feasible, Inlegrale any proposed installation. MIMenance or repair with any proposal work of a similar nature by the other party, and liv) shall not unfeasoaab Interfere with the use of the Easement Parcel by the other party as permitted under this Grant of Bnywalk Easemanl 8. Grantor hereby agrees to permit the existing underground utilities located outside the Easement Parcel to remain In the €r present location until suoh lima as Grantor determines, in Grantor's sole dlscrellon, the[ the ralocallon of the uliliilas Is necessary to connection with the following: (I) Grantor's anvironmenlal remadiallon of the property adjacent to the Easement Parcel (as well as the basemani Parcel), (li) Grantor's development of the property adjacent to Th Easement Pnrcel, andlor (ill) the construction of the baywalk Improvements in the EasamBnl Parcel. Al the time Grantor determines that it is necessary to relocate the ull€illes. Grantor shall pfovide at least two (2) weeks notice to Grantee prior to commencing the relocation of the utilities. Grantor shall be responsible for the physical relocation of the UtIli les {Including tbo relocation of all ulllily lines to a location within Ihs Easement Parcel but not lass than s €x (ii) feel, Irom the eastern boundary of the Easement Parcel end the relocation or the above ground electrical boxes Into the building constructed adjacent in the Easement Parted), however, Grantee ahafi be responsible for the payment of all costs and expenses Incurred by Grantor to relocate such utilities. to this regard. Grantee agrees to fund the relocation costs and expenses !o Gr within 34 days fallowing catnip! of invoices lharefor. Notwithstanding any other Cann contained heroin, the responsibility for reconstruction of the ux €sling bnywalk, from Its present configuration as existing on the dale hereof to the location described in Schedule A annexed hereto and made a part hereof shall be as follows: A Grantor, its successors of assigns, as applicable, shall, at Grantee's sole cost and expense, construct, or cause to be constructed, a now bulkhead and/or repair the existing rip -rap bulkhead abutting the Easement Pafael, In this regard, Grantee agrees to reimburse Grantor, Its successors or assigns, as applicable, (or all costs and expanses Incurred under ihis subparagraph A. B. . Grantor, Its successors or assigns, as applteabla, shall be responsible for, and shall bear the cost of the InIfIBI reconstruction of Ihs surfaca of the Easement Parcel, including but not limited to rolor•alion of lighting hxluree, removal and resurfacing of the sudaco and removing and replacing or relocating the existing landscaping, and Grantee agrees to reimburse Grantor, Its successors or assigns, as applicable, for all costs and expenses incurred under this subparagraph B. lo, This Grant of Baywalk Easemanl shatl Inure to the benefit of and be bidding upon Grantor, and its successors and assigns, except that Grantor or such succassor or aaslgnoo In title to the Easement Parcel, as the rase may be, shall be released of all fulurp obligations heroundBr upon conveyance of its Interest in the property encumbered hereby;' provided, however, that any such iransferao of Grantor or its successor or asalgnan, aB the case may be, shall be bound by all such terms and conditions of this Grant of Baywalk Easement. For purposes of this Grant of Baywalk Basemeril. Grantor shall only be permitted to asstgn Grantors rights hsreuader to (and Grantor's successors shall only Include) successor devalopor(s) orroortgaga lenders of the development parcels located adjacent to the Eassroenl Parcel andlor assonlalion(s) designated with ULn respohsiblrtty or maintenance of common areas in connection with the development or operation of such adjacent development parcels. Grantor's successors andlor assigns shall not include individual unit owners or individual B. `rya'`.✓0 , J. ' ' , .': i ,1•r'1.� °F r t• �'rht1� • ... iy, J`Ill',J`Y�''�. ,Fr. ?•l. - '.. Attachment B Page 25 of 2 Pages SSLL No. 130766469 err, 1 klf 1AFC 141. , ranters unless such unit owners or ranters are successor developers and/or assoCialions as described above An assignment of Grantors nghts hereunder shall only be efisclive if a spealha written assignment (including an acceptance by the successor developer and/or assodalion) is recorded In the Public Records of Miami -Dade Counly, Florida. Grantor's successors and/or assigns shall maintain reasonable insurance coverage, to 1he extent obtainable, for the liabllttias of Grantor hereunder. This Grant of oaywalk Easement shall be binding upon Grantee, its Permitted Successor, and Inure to the benefit o1 Grantee and Its Parrnitted Successor Grantee shall not be pen>wltlod to assign, transfer or convoy 0 or any part of its Interests In the Easement Parcel or under this Grant of Baywalk Easement, except (a a sucoesaof municipal corporation. such successor municipal corporation being herein ralarred to as a "Permitted Successor'', provided, however, that nothing herein shall be deemed a limitation an Granlea's or a Permitted Successor's right to permit Its invitees, agents, employees, guests, lessees and licensees and the public to use the Easement Parcel In accordanco with the terms of this Grant of Baywalk Easement. 11. The ensemont granted heraln Is subject to all matters listed on Schedule "9" annexed hereto and by this refarence made a part hereof and rights, If any, of the United States of America and the State of Florida in and to the Eeaemenl Parcel, or any pompon thoreof, 12. in The oven/ of a ddlault hereunder, the non- dafaulllng party shalt be enilttod to seek all remedies avallabia at law or in equity, except for rescission, revocation or lerminatlon of this Grant of Baywalk Easamant. 13. In the event of 1111gation arising out of the terms of this Grant of Baywalk Easement or Ina use of the Easement Parcel, the pravB%ng party will be entitled to reasonable allornoys' lees and costs at the trial level end all levels oI appeal. 14. Upon prior adtlen request of either party, the other party hereto shall fumish the requesting party an estoppel certlicale reasonably satislacinry to the requesting party. 15. Grantor, its successors and assigns, shall have the right, but not the obligation, to eonvay fee Okla to the Easement Parcej to Grantee, or Its Permitted Successor, at any time and from time to time, subject to the provisions of paragraph 16 below, and If Grantor, Its successors or assigns, shall elect to do so, Grantee, and its Permitted Successor, hereby agrees .ihat (1) the rear yard requiremont for the parcel of land encumbered by lhls Grant of Beywalk Easement and the property adjacanl [hereto shall be reduced to zero (0) feet, (it) Grantee, or its Permitted Successor, shall accept such conveyance and (iii) GraRIOr shall have the right to reserve to tisell. Its successors and assigns, the rights herein reserved to Grantrr, its successors and assign notwithstanding such conveyance, 16, Notwithstanding anything to 1ho contrary sal forth herein, this Grant of Baywalk Easement shall autornoticatky leunlnafo (subJeul only to the Grantee's obllgations of reimbursement as set forth in paragraph 9 above) without the execution of any further documentation upon Grantor conveying to Granleo fee simple Iltte (by quit claim dead) to the Easement Pafeal. Each party hereto shall, upon It's request Of the other party, attecula any further dootimentalion reasonably requested to evldance The termination ci this Grant of Baywalk Easement upon the eallsfaclion of [he above regtilroment. ILM - - - - - -- Atta.chmetlat�— ._ —__.- Page 26 of 72 Pages SSLL No, 130765469 K«; 18T 97. The Easement Parcel as Set forth herein is intended to N the final agreed upon Baywalk Area (the , Baywalk Area "} s atisfying the baywalk�requlremants under that oration Devatopmenl Agreement D ban e ee n the Sh ore ami Beach R development F Agency,, a Pu4llc {Grantors predecessor), agency organized and axisling pursuant to the Community iiedevelapment Act al 19 as d in arnanded, Chapter 163, Part III, Flo Statutes (t985), dated April 17, 19B6 and Floridae(the offlclal Records Book 12873, Paga 2612, Publlc Records of Mtaml - Dade County, "Original Development Agreement ") with ro9pec4 to the SSDI South Parcel a$ defined in the 1996 Development Agreemenl. IN WITNESS WHEREOF, Grenlor a nd Granta ad auldn cau G ran t tcof B aYw a lk its undara ls Easement In bo oxecuied in lie nano by 9988. corporate seal to W hereunto affixed, as of the 11 P day o f " IExecutiona and Acknowledgments Appear on Following Pagel Attachment B Pagrr-27 - of 72 SSLL No. 130766469 orr.1 Br I Y IC A[C. Signed, aeuledand delivered in the presence of: W17 ST SIDE, PAR'1"NI MU, u Fioridu limited parinershiP Name. JJ 'YYrU (' . t•Enmc: STATE OF FL_ ORIDA SS: COUNTY OF MIAMI•DADE 1 By: Wes( Side puriners, int:., u Florida corporulio'7. er Name: Thomas Kremer 'ritie: Nesideni (CDRPORA711" SEAL] The foregoing'snslrumcnl was acknowledged before me [Isis k4 day of April, 1999, by "Thomas Kramer, as Presideni of West Side Partners, inc., a Florida corporalion, which is a gencrtl parlaw of West Sid; Puriners, Lid„ o Florida limited partnershiP, on bl hmlf or the corporation and the partnership, He pl:rsonmily nppcorccd bororc: nte. ' 31 kno m to me or producLt! __ as idcntificalion, Nottuy: V" = Print Name: �NO'I'ARIAI. S>rA1,j Notary Public, St orMorida My Commission expires; OFNCIAI +1r'rAHYSPAL $7; : AN NOTARY PUM H "+'rl.7�r'FLORInA 90MM1�fn : rly l MY MMMMILM "P. APR. 14 "7 ;'•W •. 'r'Gi, �A.r. i �4r��f1, : � /' �s)�!' i �'�'� } *rf n•.'h AttachMent 13 _— Page 28 - a — Pages - - ------ - - - - -, SUL No. /30766469 IM 1 � 3M J 4 RLC Signad, smlod and delinfed ill the prescnceof YACHT CLUB AT PORTOFIiJD, l -7'p., a 7 ionda limited partacrshig I Print Nom -l-�•- ' r Y. Print Name: FI�'rn1 I I I IJ 4'.( - j.t' TRG -YCP, LTD., a Florida hn - iicd pnnncrµliip, Gansµ] Psflnef By, TRG -YCP, INC., n Florida corpuratian, General P er By: Rabe t❑ 5. Roche Ycc President STATF OF rLORIDA ) SS: COUt^rl"Y Olt MIIAA'li -DADS ) r 1 The foregoing inSlrument was aejomwledgad hrTDre me this � day of Apfil, 1999 by Rnbcflo S. Aochn, as Vioe Presidmt of TRG -YOP, lne•, a Mori& cnrporntion Gener2d Pafincr of TRG -YCP, Ltd., a Floridn Gmdtad partticrahip, Scneral partner of Yacht Club at Poria&no, Ltd., a Florida limited partnership, o behalf or the corpomtion and as tut act of the partnerships• Personally Known Cp. Produced Identification Type oflwontibeaiion produced I 1 r IU t t�irrior&MpI+iafoe: i I.'!IIil' t I I EI!! { ' 1Noia�y Public, State of Florida ut Largo Commission No.: Nry Commission Explres: NCn'nRY puut.>` Srn'r��' u:w-skAV "W YD'Olo coMMSSi�N Na. GY.R70tD �is': �•' L .;, } +', 1 �,i�i: ; ��i5' W • ,'yi _ 'tv`. ^[ -tl -' ::.i " :r�' j'1'i�'r� "�:, j'ii'W .�'�''f'iti "'t,• Attachment S Page 29 of 72 Pages SSLL No, /30765469 Af�, l 8713 # 4 WON CITY OF MIAMI BEACH, FLORIDA, a Florida mvnic -10 cof aration B y: Name: Nelsen 0. Kasdln 'fide: Mayor t rt . c, Name: Rohert Parehgr Tllle: City Clerk STATE OF FLORIDA )SS COUNTY OF MtAMi -DADE ) Tha foregoing Instrumonl was acknowledged Wore me this ' d ay ol-Apr,199 by Nelsen O. Kasdin, as Mayor of Cily of Miaml Beach, Florida, a ? lorida municipal corporation, an behall of the corporation. He personally appaarod before me, i parson, ally kn °wr�a�rr a °r produced as Identihcalinn. (NOTARIAL SEAL} Notary: PrinlName; /;/lra _ Notary Public, Stale of Florida my Commission Expires:. =1AA dorA StSU. Commiss #on Lumbar: rl:AUL'l 1,511' r.lTk' Or' F'I.f 7R1i�n � AY7 Ct:7]A!." V >:Cll nl'N t9::, r. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION C, r Altumny t]nN : ;c c. .r'. i Ir ' .:al,LiF �f�- il d'iirt r;�a "�Z"� . �;''sY =: � i �� '. t: '. .,Y.pyF i`: �'74Y)� + ?arin ]- •- � {• i'YY} x�,'i�,k�i i. - :.a:h': s " r r '�1it� ; *�' � %."ti - ft ^�P �y•rr 's .. '.° n ?r �,.'•! '`f %^� ;:'r;Y �. a ny "� .�� ' �� .�;1 " i'�Si,� 'V ;r:. �'}I`•,'i�i 1:'.art��+ln (( �r. Attachment B Page 30 of 72 Pages SSLL NQ 130766469 orr, I. I-gl i It Ab RE. ,In_ INDF.R The ttndaruigned, MIAMI BFAC.'I'I MANNA ASSOCIATES, LTU„ n Flaridu lintisad partnership, hureby joins in the foregoing instrunw fur purposes nrconlirming its ugrcemCW In the provisinns thereof. kw Nome: N C / i�fatne: r . t STATE of FLORIDA MIAMI11FACI I WOUNA ASSOCIATI s, I, TD., a fiorida limited purtnership 13y'. 5ulbe Marine, Inc., u Flaridu cnrpotutiott, Ganund Partner Nantc: Robert W st h Titie: Prasiduat } S5: COIINTV0j,'MIAMI -DADF. Y C The rwe6aing instrument was acknowledged bcforu me this 7 : ZL 4'f April, 1999, by Rohen W. Christoph, as President of Solie Marine, Inc., a Florida eorporaiinn, which is n general partner or Mum's Buach Mwrina Associates, Ltd., a FloTldu limited partnership, on behalf ol die corporation and the parincrship. Fla persnnally appeared beforu nte, is parsonnll� to me or produced— idcntilicat'son. „Prins No c: rNO- rARIALSL'Al,j hkotary Pablic, State of Florida My Commission Rxpires; OF w1 -h T FA IMANOCCAVETtANY NOTMY 1'UbDC STATE aFF.VDA COA1httG5loTr tSO, CC66M7 n ::,i �.a•is:1•..'Y''lai, �' . ...• ,ti"�eS:��F li?'h� Attachment B Page 31 of 72 Pages SSLL No. 130765469 DTF iiih: 1 87 f 3 D 1'47 Ate. CONSENT AND SUBORDINATION The undersigned, 012X1 USA CORPORATION, a Delaware ccrporatlon, as the holder of 1he leasahofd mortgage encumbering the Marina Lease, and recorded in Official Records Book 17673, Page 2662 of she Public Records of Miaml•Dade County, Florida, hereby consents la the foregoing Grant of Baywafk Easement and suhcfdlnales the lien of said mortgage to the rights granled in said Grant of Baywalk I=SSU heat. IUame: 5TA7E OF GEORGIA ) ORIX USA CQRPORA710N, a Delaware corporation sy. Name: u Tllle: ' z ) 55: COUNTY OF FUL70N ) The fore oing instrument was ac�Cnowledped W me this .�.-r•. day of April, 1899 by r v( as ' IAQ of ORIX USA CORPORATION, a 4elaware olporaiioh, on behati of the o ration. lelshe person$Ily appeared before me, Is personally known to ma or produced L s ` 4t as identification. )NOTARIAL. SEAL) Notary: Print Namo�S� { { { 4 ° • NDlary Publlc, 8101a o�'t My Commission Expires Commission Number: °�{. i.i' ' 7:.:�_ ';iii :i s:• arm' irFri. M Attachment B Page 32 of 72 Pages SSLL No. 130765469 (n -V CD IN :u a M N W �N 4 T 1 � N Cp Schedule "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION SCALE IN FEET f �! �1?f'CLL ! �AJFCLL Z 5 ray S.7zrn'ia'.E nm.a" � pr.�' �riciCn'�A17 —� _ _ e r f g � tl SAfi i d< RA'd bttl}!lGt i IL tL ILI sO�r IC ICCPKA M 11tY fYX Frio[ �� bi WCL l61� tY 15YL IW.'R. fi».� �+� .cua� Laos >� •ms 'etr r�t16Co rual us suc rca +aic.irnacY tx ian t tlldxls f, l.w x asnracxY �m SID a nLm �1f-7 -r-R Y " Try[ 7111 CF b[ Tit= tW OF t+. FLAOh d r r Tt W x KE N x a mc� KKH n�L SASCE3 HF.Lb3 k ASSOC., I�iC_ 7S3S9 5Y 14 - d AYYE Kllx1, R 3a) k305)2M -o7.,I =CH TO ACCOMPANY �u r. s• «r e+.rc. 14 W.t � e �o E7J atr Rt[ . l8713� 149 . SCHEDULE "B" permined Exceplions 1. Encroachments, overlaps, boundary line disputes, or other mallars which would bo Disclosed by an accurate survey of the Real Proporiy. 2, Any claim that those porllons of the Easement Parcel which are suhmarged andfar ha West of the Westerly line of Iha lots In the subdivisions as same may be extended In B Southerly direction are 50verei9n lands of I}IB Stara of Florida, 3. Rights and easements of the United Slates Government lot C omm area, navigation, recreation and fisheries In and to any portion of the Real Properly which have been abated by artificial moans or accralad to any porllons s crealed and riparian rights. 4 cord in that Reso ullon No� 63 7 filed Augusf 1 l 23,1953, In official Records Book 11665, at Page 1331. 5. SSDI Development Agreement between the City of Mlam1 Beach, Florida, ?Miami Beach Redevelopment Agency and Seulh Shore DeveSopers, Inc., dated April t7, 1896, riled in Official Records Books 12673, at Page 2612, as assigned to We-9i Side Partners, Lid., by thbi certain instrument filed April 7, 1994, in Of iGial Records Book 16313, at Page 1077. 6, Agreement dated November 7, 1995 by and among the City of Miami beach, ch, h art optic. Florida munlolpof corporation, the Miami Beach Redevelopment Agency, P agency, and the Portofino Enlilies listed inerein Tiled November 9, 1995, in Official Records Book 15967, al Page 1197. 7, Parking Aomarnenl dated January 10, 1990 by and among the Oily Of Miami Beach, Florida, a Fiflrida municipal corpor - wion, the Miami Beach Redevelopment Agency, a Florida public agency, and West Side Partners, Ltd., n Florida timlled partnership. filed January 2B, 1996 in Ctricial Records 6cok 170T7. a! Pape 1196. 8• Grant of Access Easement executed by Wast Side Partners, Lid., a Florida limited partnership, and Yacht Club al Parlofino, Ltd., a Florida Iimttad partnership, In favor of IN City of Miami Beach, Florida, a Ftorlda municipal corporation, dated January 10, 1996 and Mod January 29, 1946 in Dfricial Records Book 17077, at Page 1245, g, Preliminary Developrrrenl Agreement for Poriafine DRI biiMBen Yacht CIA al Podafsno, Lid., West Slda Partners, Lid., Mum Coast Development, Ltd., East Coastline Development. Lid,, Sandpoint Financial, old., and The Slate of Florida, Department of Cornmuntly Affairs, flied July 22, 1895, In Official Records Book 17293, at Page 1933. 10. Notice of Adoption of a Development Order for the Alternativu Portofino DRI recorded March 30, 1989 in Otfidat Records Hook 16541, eil Page 3541. ' .. •: � ... . •: ' is .,• ,...'• k{r �7 S :h� t _ :' .. . - t�' • . i t . ... .. � .. .. .,. .. .. ,,. nrY .;:y 1 rze.•.,. ri :.�.�' -'+.�, Attachment B Page 34 of 72 Pages SSLL No. 130765469 kc. °I 87 j 3B I D 11. Amended and Restaled Waiver Of Riparian Rights and Appointment of Qualified Entity by and among Was[ Side Partners, Ltd., a Florida limited partnElmhip, Yarhl Club al Portofino, Lid., a Florida limited parine[shlp, She City of Miami Beach, Florida, a Florida munloipal corporation, and the Miami BeaM Redaveloprnenl Agency, a i'iorida Public agency, dated May 24, 199g and recorded May 27, ;899 in official Records Book 18626, at Page 4845, Mote; All retarding references are 10 the Public Records of Miami -Dade County (formerly Dada County), Florida. ri gchaduie 2 Page 2 Af'fl��Y[x�gp �S HARVEY RUVIN G[LRM GWCLlr "Wr Attachment B Page 35 of 72 Pages SSU No. 130765469 ME . W -9 PH.L26 [16R150 543 9E[. I ?BBJrG GRANT OF pEWQHENT n SEHBNT KNOW ALL MEN BY 7BESE PRESEHTS THATr, THE HOUSING AUTSIORITY OF THP. CITY OF 141AMI BEACiir and MIAMI BEACH HOUSING, INC. thereinafter collectively called "Grantor ')', in conaidcration of the sum of One and Na /100 Dollor 151.001 and other good and va1F141RIDA ns a lrSe Muni l c o i n pzI A1 corporation ation Ihereinaf?er OF MIAMI BEACH, called 'Gran tee ,, ), the mailing address of which is 17D0 Convention Center Drive, 01jam5 Beach' Florida 33135, hereby grants bargains and sells to Grantee, for the use of the public generally ant) such persons as Shal] from time to time be designated by Grantee, a permanent, irrevocable non- - exclusive casement, for the purposes herein expressed, on, upon, under, over and across that certain parcel of real property Ithe "Easement pnruel "I situated in Dade County, Florida and more particularly described OS follows; The Weft Forty (401 feet of hots 15 through 20, Block • Ill, OCFAN BEACIJ ADDITION NO- 3 pagc E P thereof, recorded i Plat Book 2, i'ic eords of Dade County, nlorfda TOGETH BR S•71 TH the right to use in common wl kh the Gt ahtar the riparian rights appurtenant to the Easement Area as pre he 18 and owped by Grantor- 7'O HAUL AND TO lIOi.R the easement hereby granted unto Grantee, Upon and subject to the fuliovtng tr[ms, conditions and eeservat5ans: I. The easement hereby gtahtcd shall be for the sole putpoaas at providing to the public and to Grantee,. its invitees, lessees and 1Jcensees, including, without limitation, Grantor, its officers, employees, agents and n - exclu tenants, a non-exclusive way of passage, and access to, and use r>F, the Easement Parcel an a baywalk for (i� Pedestrian use and use by small. electric powered - type vehicles (such as golf carts), (ii) access to the existing marina piers, [iii} the oliee vehicles a l vehicle , and ambulances, fire trucks, p for the i iv) s ari nt re],ocatleno�Y ) maintenanceaofpputilitiesoservin4 the to contiguous marina piers and the Easement Parcel in tutili t boxes of the Easement Parcel and the maintenance of any Y located on the surface Of the Easement parcel. 7,' Grantee agraos that it IS) shall make the Easement Parcel available for use by the public generally and by the lessee of• the anntlgunus marina p[Opsrty for marina operations, Iii) shall, except as hexeinatter expressly provided restrict the use thereof to, and shall a [he P t and 9 of small elec efcti ic Powered on such use to, pedestrian use, Thfa instrument prepared by Arnold M. 19einer and return to, City Attorney City of Miami beach 1700 Convention Center Dr, Miami Beach, Fla.-33139 (305) 673 -7470 `�Z 1 L. Attachment S Page 36 of 72 Pages SSLL. No. 130765489 Rig 12883 2203 type vehicles (such aE getr. carts} ant the passage of emergency vehicles, (iii) shall not construct or, except ps horeinafr-er expressly praVided, permit to be conbtructed' upon the ranrmeat Parse] any hu }ldfnga or other fmprovemcnto of a eimi)ar nature [JvJ shall, at It* sole coat and expcnsa, res tore, maintain and repair, the Casement Parcel, and Grantor or , its sucCebcora and assigns, shall have no restoration, maintenonce, repair replacement obligations erith respact to the Rasa ment+haarCel' except to the extent that any of the foregoing• necessitated as a result of i nm, use of pursuontetoa the a provisiona • df Grantor, its successors and 2 this Grant oL Easement; (v,) shall at all times cxercSse the easement and right bf use granted without intsrfarenac Nrrto p roperty operation of the Project iodated on the gontiguous p P y commonly known as 'Rebecca Taws - rs ]eart which Would h and South" (the "Project ") . nor 5ha11 it su Efor or a11cu activity create a nuisance h Other trespaSS upon or agnlnst cesJdents Of' the Project; fVi shall at all times provide free assns tc and from the casement Parcel for the residents of the Project subject not allow a aG"eSsuLO trucks 0r "toriz d emergency vehicles. 3, Grantee, may adapt, and change from time to time reasonable rules and regulations to regulate the conditions of use of the Easement Parcel,tnelUdin$, without being limited to, c olas and regulations to keep passage open for pedestrians., emerg elay ac open to the resid nts f e to the 1 ;a5emrntlArealWet Vehicl th ject q, Granter. shall Indemnify and ha]J harmless Clrantor, from the claims of nny parties foe damages or injury occurring upon the Easement Par cu d. or arising out of the Grantees' use thereof. 5, Grantor reserves unto itself, its successors and assigns, the PerPetua). right and privilege OF.: q, hnrea triCtCd access to, goer, across and in the Basement Parcel for purposes consistent with the use of the Easement Parcel as conte.mplat[d in thib ,Grant of Basemen" and c, Vsing and occupying, and granting to others 'the right to use and occupy: iii the »tlrfaanwhi s pace Parcel Foy any purpose interfere with the non - exclusive rights herein granted to Grantee, and Itg invitees, lessees and licensees, including, without limitntion, the construction of walkways, bicycle paths, landscaping and other rite improvements lexclod ing any building structures •of lmptiw emenks of a similar nature] over, upon and across the same, provided the same do not obstruct vehicles a or of pedestrians, smmll - electric powered -type emergency vehicles) and (iii Subject to the provisions of Paragraph F hertof the subsurface of the Easement Parcel Eor r ose any utility oC drainage surface or ta ° ke[e with or the non- which does not materially exclusive rights herein granted to Grantee, invitees, lessees and licensaes, including, without limitation, the right to construct, install, maintain and operate 2z I� Attachment B Page 37 of 72 Pages SSLL No. 130765469 SEC 4 LUUJr' ZZM therein t]cctricnl, telephone. trlogrnph, tclecommun}tation, •gar, sawcr, water, and dr81nage Fixtures,• related equipment and Eaci]felvs and the foundation and footings of,and /ar anchors for nubnurface improvements; and ( iii) The use and occupancy re tic rve0 herein shall include the right to reconstruct, deCnrate or otherwise enhance the appearance of any landseaping and site' improvements lucnted nn the Easement Parcel at any time and from time to time, At Grantor's cost and expense. Grantor, its successors and assigns, shall, at its cost and expenaer maintain and repair any o[ the items it shall construct or install on or under the Easement parcel pursuant to that provisions of this Paragraphi 51 provided, however, notwithstanding anything herein contained to the contrary,- this Paragraph 5 shall not be'eonstrued or deemed to reissue Grantee, of !ts nbligattons eri restore, repair provisions this Grant of Parcel strictly in accordance with the Masement 5, The parties agrvP that in connection with each of their respective rights to install and maintain utilities in the subsurface o€ the E asement Parcel pursuant to this Grant of Easement, each party Ii} shall notify the other of its intention to install, repair or otherwise maintain such utilities, li1S as shall Cooperate fuily with the other party and Coke such steps lo ce may be necessary to insure thar any such installation, ma ts a h or .repair of Sala utl}.itles will not interfere with the use or functioning of existing utilites and [iii) Shall, to the extent feasible, integrate any proposed insta]lation, maintenance or repair with any proposed work or a similar nature by the other party. 7, - Grantee agrees that it will not erect, construct or install any structure, Smnt0vnmont nc landscaping under, across or on the Easement Area without the specific written authority of Grantor which authority will not be unreasonably withheld or of theayshoreline in a nadr eC COOntyOepartinent of GnVSronmental Resources Management Coastal or 14etlantl Permit n CC- 776. t of E3 nd g, This orenGrantorsaand t G antee t thel� ne respective be binding ;'Pon successors and assigns,., g. The easement granted herein is subject to all matters of reoord, 10. In the event of litigation arising out of the terms of this Grant of Easement or the use of the Easement Parcelr the psevelling party will be entltled to reasonable attorneys` fees and disbursements at the trial level and ell levels of appeal. 11. Upon print written request of either party, the other oacty hereto shall furnish the requesting party an estoppel certificate reasonably satisfactory to the requesting PSM , -1- L_ Attachment B Page 38 of 72 Pages SSLL No. 930765469 .I1+ i+'TTNESL )alIE REOF, Grantor, hue cause,I this Grant of LapBm4nt to be executey it$ undersigned duly authorized d in its name b to be rs a✓yc�tIts corporate seal to he harcur,ta aPiized, this � day of ' - - -' -•_r 29AG. .. )IOi >•)i� BY At Psi UY At STATE OF FLORTDA COUNTY OF ❑L0F. I HEREBY CERTIFY THAT on this day, before me an Officer duly authorized and gvaliCsed to taka, aci;nowlcdgments P ,o Gtr n� to me well known and known t4 appeared _�±fn `"�- _ -- - - -- me to be the individual descrrbed inand executed the Ding instzument aS G j - I k! 1 6 _ Y ji Tid he Eoreg cf the city _ of Mums Bsacj and he acknowledged nOusing Authority -. be Gore me that he executed the same Cal the purpose an consldcratiDn tharain expressed, WITHW; my hand and official sell) in the County h and State' last aEcresaid, this � � day of Notabl /y�'4. State of FJOrido My commission expires; ' •"" 4.•'t . 5 .' f •'• •,' I431rxY FMIC, "Tt CF ncalw. E6s,ar,.e' �4 xu Esaa iG 1 —..wr,tEA STATE OF FLDRIOA COUNTY OF DAD£ I H6REBy CERYIPY T H T this authorized and 4 to me well known and known to appeared '�'u2.f�AN_�•.e1d�` - - - - r. me to be Che sn�svidual esarrbed in and who executof the >:ore4Di na instYument as [Z•: eP�before me�that he Miami Beach Housing, IT) an he ac nowlad9 C� I� Attachment B Page 39 of 72 Pages SSLL No. 1307666469 m /1_sC /4_ 9-85/ IR Y BY: SUp BAglvHIAMI. N. A, AS TRUSTEE AUTHDRITfn SIGNATURE DATE: V S'b MAf1 IPC.y�01AZ �':�i CORPORATE TRUST ADHIIHISTRBT A STATE DF Pt Olit" CPUHTY OF DADL ^.... I REREDI CERTIFY TI617 OR this Jnrsona]Irn �c an orricer authorized lhad q..UfIed tv toka a cknoul eJ Smanta. p Y kaou' and knoua to ma to ha 411D ]ndlviduaL descrlhad In and uko uxatuc ad hhe fort gainR fossruneAt as ConFORATe TRUST ADHINISTWOR oC Eire sun mNW MIAHI M,1,. AS TRDSTPF. and oho ocknau] ©ds.J be Ear. w chnc nhe axaeatcd the sums for tho purpaaa and coasidaraclnn thereln axpruza -d. RITN ss my hand and - ffitla] seal in t11e Co.,Ary and State'last oforanald, tlrls day oC Hoy, 1966, - Hotory Public State of Florida wnlesion Explrex: NauB+'rcN St sort a hrnlnr HY Co � wirtv Y��M1�i.Wd• wa . yfN11 [+tea Dl�r�� Attachment B page 40 of 72 Pages SSLL NO. 130765469 "executed the same for the purpose and cons[deration therein ' eXprasaed. WITNESS o.y hand and offiaia] seal in the Caunt1 State last aforesaid, 'this 7!t day of N� ' Notary Fu 1 c �' ' State of Florida I q' ,1 �j, Iy ; My '.o.1.8sion expires. „,.,.. NMAtY WE "An ce not16% 1AI CO"115" m 1N 70 1fld6 m /1_sC /4_ 9-85/ IR Y BY: SUp BAglvHIAMI. N. A, AS TRUSTEE AUTHDRITfn SIGNATURE DATE: V S'b MAf1 IPC.y�01AZ �':�i CORPORATE TRUST ADHIIHISTRBT A STATE DF Pt Olit" CPUHTY OF DADL ^.... I REREDI CERTIFY TI617 OR this Jnrsona]Irn �c an orricer authorized lhad q..UfIed tv toka a cknoul eJ Smanta. p Y kaou' and knoua to ma to ha 411D ]ndlviduaL descrlhad In and uko uxatuc ad hhe fort gainR fossruneAt as ConFORATe TRUST ADHINISTWOR oC Eire sun mNW MIAHI M,1,. AS TRDSTPF. and oho ocknau] ©ds.J be Ear. w chnc nhe axaeatcd the sums for tho purpaaa and coasidaraclnn thereln axpruza -d. RITN ss my hand and - ffitla] seal in t11e Co.,Ary and State'last oforanald, tlrls day oC Hoy, 1966, - Hotory Public State of Florida wnlesion Explrex: NauB+'rcN St sort a hrnlnr HY Co � wirtv Y��M1�i.Wd• wa . yfN11 [+tea Dl�r�� Attachment B page 40 of 72 Pages SSLL NO. 130765469 3 urG I UIJLLA 1Fh Y, This instrument Prepared by; Brian Hart, Esq Thomson, liuraro, et al. One S.E. 3r6 Avenue suite 11DO c}nrida 33131 998277347 IM MY 27 15 DOUTME 0.60 GURTY ' 0.45 HARVEY RUV1H, t RA BADE CkHTY, FL (sprcc f the reurt), GkMT OF 9AYWALK EA.SFMZIIT MMW ALL MEN By TkMSE PRES£IiTS THAT WEST SIDE PARTMRS, LTD— a Florida limited partnership {S 1r44} th o ey gdrandoValuable considea d ationPaid an to Grantor by the OSTY OF ML E, k RIDA, d Florida municipal corporation ("Grantee", the mailing address of I hereby grants Convention Center Drive, 34iami Beach, Elorida 33138, y S conveys, bargains and sells to Grantee, nr its Per 5ucc Ras defined in Paragraph 8 hereof), Eor the uSe of the p generally and such a earianeintas irrevocable i non- exclusivc by Grantee, a p p a ragra p h 14 belLW), for the PurPc5es (subject to the provisions of aragrap arcs! of. real herein expressed, over and across that certain p property lrhe "Easement Parcel "} .Situated in Miami -Dade County, Florida and more particularly described in Schedule A annexed hereto and hereby made a part hereof, yR M TO HOLD the easement hereby granted unto Grantee, and* its Permitted successor, upon and subject to the following terms, conditions and reservations: 1, The easement hereby granted shall be for the sole purposes of providing to the public and to Grantee, its invitees, agent employees, guests, lessees and licensees, ineludi agents and lil➢itation, Grantor, its officers, employees, contractors, a non - exclusive way of passage, and access to, and reasonable use of, the Easement Parcel as a baywalk for (i) tee and its pedestrian use. and use by only Gran vehiclesssors an similar sublessees of small electric powered -type vehicles {such as golf carts) which may have natural or liquid propane gas engines !provided said vehicles do not create any more 24A9 5 1: 0 / 1-) B 409 -14 Cb AttachmeDt B page 41 of 72 Pages SSLL No. 130765469 `� noise than electric powered vehicles ?, (ii) access to the enry 'and law contiguous marina property, Iiii} the use of e v Br subject t the enforcement vehicles (for emergency use Only) , fi Prov of Paragraphs 5, 6 and 7 hereof, for the installation, relocation of maintenance ox utilities so rvi co ng the ntiguous marina property and the Easement Parcel in the subsurface Of the Easement Parcel and the maintenance of any utility boxes currently located on the surface of the Easement p and Iv) vehicles necessary to rebuild or ,replace the piers lDCated adjacent to the Easement Parcel in the event of a casualty or as otherwise recguired In the normal and customary operatipn of the mazina property (provided such vehicles do not materially interfere with the pedestrian use of the Easement Parcel), 2, Grantee, or its Permitted successor, as applicabLe, agrees that it (i) shall make the Easement Parcel available for use by the Public generally and by the lessee of the contiguous marina property for marina operations Ithe "Marina Lessee "), pursuant to the terms and conditions of that certain Lease and eueutent into by and between the City, as Le$ Associates. 24 Ltd_ as Lessee, dated June r 1963 as amended 0 a t he First Amendment dated e�ond Amend dated August 11,, 1994 (the Marina Lease ")r a Third Amendment dated "Second Amendment to the Marina Lease "1, and a May 27, 19 a 9, (the "Third Amendment to the Neirina Lese "), Fourth Amendment dated April L5, 1996 )the as o amended en ibereinafter Marina Lease "I; said Lease Agreement, and any sometimes collectively referred to as the f marina operations, subsec;uent Lessee of the marina pr operty rovided, xesk =ict the (ii7 shall. except as ?)ereinafter expressly P use thereof to, and shall adopt and anfiarce regulations to limit such use to, pedestrian use, the passage of sm ote carts} uhpch type vehicles or similar vehicles {such as g have natural or liquid propane gas engines (provided said vehicles do not create any more noise than electric powered vehicles) with respect to Grantee and its lessees and /or sak rep ai r � vehicles t as Passage of emergency, Law enforcement iii} shall construct provided for in subparagraph 1(v} above, i ermit to b e or, except as hereinafter expressly provided, p constructed upon the Easement Parcel any 'b,,Ul.dings, structures or athex improvements of a similar nature and below s CePt O n ly i a s specifically provided in subparagraph ?SA? r . as sole cost and expense, restore, maintain and raFaix, including, el requited, the replacement' from time to time DE' t h e ZL5 s vn and the zip -rap or other bulkhead and supp abutting the same Ispecifically including the all seawall and marina facilities located adjacent thereto) in a first class condition comparable to the remainder of Grantor's property anal Hi"S1`/19948 -1 A Attachment B Page 42 of 72 Pages SSLL Na. 130765469 IT otherwise in accordance with the Operating Standards (as defined below); and except only-as specifically provided it subparagraph 'I (XI below, Grantor, its successors and assigns, shall have no restoration,, maintenance, repair or replacement obligations with respect to the Easement Parcel, except to the extent that any of the foregoing shall be necessitated as a result of the use of the Easement Parcel by Grantor, its successors and assigns, pursuant to the provisions of this Grant of Easement. 3. The parties acknowledge and agree that the Easement Parcel is intended to be used and maintained in a first class manner and otherwise consistent with the high standard of the properties located adjacent to the Easement parcel which are owned by Grantor and the highest standards in the City of Miami. Beach. The parties shall reasonably determine standards of use and maintenance consistent with the foregoing sentence {and which at a minimum will include 24 -hour a day security (provided that Grantee shall not be obligated to hire private security and may provide the requisite security through the City of Miami Beach municipal police force), daily refuse removal and first class maintenance and repair) . Grantor shall pxopose to. the Grantee reasonable initial use and maintenance standards, including rules and regulations at least 45 days prior to the completion of the construction of the baywalk improvezents pursuant to paragraph 7 below and Grantee shall have 30 days to reasonably review and approve these standards in writing. In the event Grantee disapproves the proposed standards, Grantee shall provide Grantor with specific written reasons therefor within said 30 -day period. in the event Grantee fails to respond to the Grantor in writing- within said 30 -day period, the proposed standards shall be deemed approved- The parties agree to use good faith efforts to mutually agree to such standards_ Any dispute as to use and maintenance standards which the parties are Ten able to resolve within the 45 day period prior to completion shall, pursuant to paragraph 9.7 of that certain Agreement dated November 7, 19951 by and among Grantee, the Miami Beach Redevelopment Agency and various Portofino Entities; including the Grantor, as reoorded in Official Records Book 16987 Page 1197 of the Public Records of Miami -Dade County, Flurida (the "New Development kgre:ement suhmitted for resolution to the circuit Court of the 11th Judicial Circuit, Miami -Dade County, Florida. The use and maintenance standards, including rules and regulations, as so promulgated and approved are hereinafter collectively referred to as the "operating Standards." The Grantee shall be responsible, at Grantee's sole cost and expense, for the'maintenance of the Easement Parcel in accordance with the operating standards as previously established, provided that, Grantee shall be permitted to make non -material modifications to such standards provided fu'rthet such modifications do not materially reduce the overall igYA95Z0 /4TBg69 -14 Attachment B Page 43 of 72 Pages SSLL No. 930766469 standard of quality established by the operating Standards. MY failure by the Grantee, or its Permitted Successor, to properly use a Standards all DInd e ar i substantial �&ccnrdan a da atilt h zeundere with the operating an 4. Grantee, and its Permitted Successor, shall be liabcoststl responsible, to the extent permitted by Law, for any lia)ailities, claims or damp es, including, without limitation reasonable attorneys' fees and disbursements at the trial level and or all .levels of appeal, relating incurred by Grantor, its psuccessors loss of or damage to property, and /or assigns, and resulting from, arising nut of, or incurred in connection with, use of the Easement Parcel by the publiC' generally sar or by Grantee, 'Or its PermitteUestsCeS7essee5 or ei lic nsee5 in invitees, agents, employees, g connection with the easement herein granted and t its - Permitted E Parcel. in addition, Grantee, Successor, shall defend any and all claims asserted against Grantor, its successors and /or assigns, resulting from, arising out of, or incurred in connection with, use of the Easement Parcel by the public generally or gy Grantee, or its permitue �SUtLesseesaor their respective invitees, agents, employees, g licensees in connection with the easement herein granred or the use of the Easement Parcel. Yn such event, Grantee shall be entitled to select counsel of Granteted, C hoice at Grant or 5 n cost an i experse y Grantor shall be p roceeding. retain independent counsel to monitor the claim F Notwithstanding anything contained herein to the cosltrary, neither Grantee, nor its Permitted Successor, shall be obligated or liable to Grantor or any third parties fox any cos l ab nation, expenses, lessee, claims or damages, including, reasonable attorneys' fees or disbursements at th laims all levels of appeal, in respect of third party ro err death of or injury to persorS, of or incur t Oe tP by t he pub generally or b and resulting from, arising Grantee or use of the Easement Parcel y its Permitted successor and their respective invitees, lessees, agents, OmPleyees, guests, or licensees in conx<ecti.ou with the easement herein granted or the use of the Easement Farcel, for amounts in excess of those limitations on the statutory waiver of sovereign immunity provided under Florida Statute s resal (or any successor statute thereto}, or in respect of cl —aimesul the intentional or negligent acts of Grantor, its invitees, lessees, employees, agents, licensees or contractors. By execution of the Joinder attached hereto, the Mca nsntissand agrees beh to abide by the terms s and s conditions nss o f this Grant of NIR9510117 -14 Attachment B Page 44 of 72 Pages SSLL No. 130765469 °BFrG I.I8Ra9404 Easement, and hereby indemnifies Grantor and the Grantee and holds Grantor and the Grantee harmless from any costs, expenses (ineludin'g, but not limited to attorneys'. fees and court costs, at the trial court and any.appellate levels) and damages relating to death of or injury to persons, or loss of or damage to property, including, but not' limited to, any violation by the Marina Lessee, its invitees, agents, employees, guests, lessees or licensees of any laws, rules, regulations or ordinances regarding hazardous materials, hazardous wastes, hazardous substances, solid waste or, pollution, whether now existing or hereafter enacted or promulgated, as they may be amended From time to time ( "Environmental Laws ") , any presence, release, or threat of release of hazardous materials, hazardous wastes, hazardous substances, solid waste or pollution, at, upon, under, from or within the Easement Parcel arising out of the activities of the Marina Lessee, its invitees, agents, employees, guests, lessees or licensees, the failure of Marina Lessee, it es agents, employees, guests, lessees or licensees to duJY p y obligations or actions required to be taken under any Environmental haws, including, without limitation,' the jioposition by any governmental authority of any lien or so- called , super priority lien" upon the Easement Parcel, any clean -up casts, liability for personal injury or property damage or damage to the environment, and any fines, penalties, and punitive damages, or any fines or assessments arising out of failure of the' Marina Lessee, its invitees, agents, employees, guests, lessees or licensees to comp3.y with any laws, rules, regulations or ordinances governing the use of the Easement Barcel, which Grantor and /or the Grantee incur as a -result of the Marina Lessee and its invitees. dgehts, employees, lessees and licensees using the Easement Parcel, but excluding any claim resulting from the intentional or negligent' acts of the G -antor or the Grantee (and their successors and assigns), and their respective officers, employees, agents or contractors; provided, however, that the foregoing indemnity will not ne.gate or in any way abrogate the City's indemnification of the Marina Lessee pursuant to the terms and conditions of section 3.12 of the First. Amendment to the Marina Lease. Marina Lessee (and its successors and assigns) shall defend any such claim asserted against the Granto -r its successors and /or assigns, or the Grantee, its successors and /or assigns, resulting from, arising out of, or incurred in connection with said vse ofthk rent In r such pursuant to this Grant of Easement, or p ro event, the Marina Lessee shall be entitled to select counsel of its choice to defend the claim; provided, however, that the Grantor shall he permitted, at its cast and .oxpense, to retain itoependeL taking counsel to monitor the claim proceeding. prior possession of the Basemt nt Parcel pursuant to this Grant of Easement, the Marina lessee shall provide to the Grantee and the NTA8514117$0 -14 Attachment S page 45 of 72 Pages SSLL No. 130765469 ff RI 1 , I NZ 6W 405 Grantor a copy of its liability insurance along with the a ppropriate endorsement showing the Grantee and the Grantor as additional insureds, which policy shall provide insurance coverage in a commercially reasonable amount for similar type facilities. in the event that the Mar na Lessee tails to provide a copy of the r enewal information for said liability insurance policy or policies to the Grantee and Grantor prior to the expiration date of said the right to use the Easement Parcel polity or policies', then pursuant to this Grant of Easement shall cease until s said liability insurance a copy of said renewal information for policy or policies is provided to the Grantee and the Grantor. Grantee, or its agents or omployees, sbaJl be liable and responsible, to. the extent permitted by law, for any costs, liabilities, claims or damages, including, without limitation, and reasonable attorneeys' =elating' o of a orinjuryttoa a persons, or all levels of app any ,loss of or derma he t ran Grantee, its including agents h or n d emploYees O an y any violation by release, or threat of release of Environmental Laws, any presence, hazardous materials, hazardous r , from xoru within t the e Easement w or pollutLnn, at, P the failure Of- Grantee parcel by Grantee, its agents ar employees, obli ations or actions agents ox employees to duly pexfoxm any g required to be taken under any Environment awl ental ` aunosidY n o wi lim o- c itation, the imposition by any go the Easement any lien or s alled "super priority lien er sonal injury o Parcel, any clean - up costs, liability for P r and any 'fines, property damage or damage to the environment penalties, and p� ma itive damages incurred by Grantor, its successors and/or assign& in title to the Easement Parcel, and xesuICing from, arising out of, or incurred in connettion with the use of the In Easement Parcel by Grantee, or its rantedsor r 5uch p use e of the connection with the easement herein g Easement Parcel by the Gr an t ee. nd all claimseasserted aga inst s Grantora assigns shall defend any its successors and/or assigns, xesulting from, arising out•of, or by .i.ncurred in conn ection w o r the u se ee" in e c nn s ect' on P with 1 the 'Grantee, or its ag n easement herein granted or such use of the Easement Parce Of such event, Grantee shall be entitled rovide sel ect h wever� thu Grantee's Choice to defend the claim P Grantor shall be permitted, at' its cost and expense,' tC roe e�i�gn independent counsel to monitor the claim p Notwithstanding anything contained herein to ehobj°gatedyornliable Grantee no its successors or assigns shall b liabilities, to Grantor or any third parties for any Cwzthout limitation, s or expenses, losses, claim damages, including, MIn95�D /17BAB -14 Attauhmeili B Page 46 of 72 Pages SSLL No. 130765469 reasonable attorneys' fees or disbursements at the trial level and all levels of appeal, in respect of third party claims relating to death of or lnjury tn' persons, or loss of or damage to property, and resulting from, arising out of or incurred in connection with the use of the Easement parcel by Grantee, or its successors and assigns, and their respective agents or employees, in connection with the easement herein granted or the use of the Easen nt Parcel, for amounts in excess of those limitations on the statutory waiver of sovereign immunity provided under -florida Statute § X68.28 for any sudcessor statute thereto , or in rnspect t1f claims resulting from the intentional or negligent acts of Grantor, its officers, invitees, lessees, employees, agents, guests, licensees or contractors. in the event that the Marina Lease expires, or is canceled or terminated, and a new lease for the Marina is not immediately entere i then, for•t'he period of time that there is no Marina Lease or a new lease for the liarina, Grantee shall be liable and responsible, to the extent permitted by law, for any costs,' liabilities, claims or damages, including, without limitation, reasonable attorneys' fees and disbursements at the trial level and akl levels of appeal, relating to death of or injury to persons, or loss of or damage to property, incurred by Grantor, its successors and /or assigns to the subject Property,, and resulting from, arising out of, or incurred in connection with the use of the 1''.asement Parcel, pursuant to the terms of this Grant of acinst Easement. Grantee shall defend any such claim asset arisiaiout Grantor, its Successors anVor assigns, resulting n from, g of, or incurred in connection with said use of the Easement Parcel, pursuant to' this Grant of Easement. In such event; Grantee shall be entitled to select counsel of Gran tee s choice to defend the claim; provided, however, that the Grantor shall be permitted, at its post and expense, to retain independent counsel to the claim proceeding. Notwithstanding anything contained herein to the contrary, 6zantee {without limiting in way the liability of the Marina Lessee} shall not be obligated or liable to Grantor or any third parties for any costs, liabilities eXpenses, losses, claims or damages, Including, without limitation, reasonable attorneys.' fees or disbursements at the trial level and all levels of appeal, in respect of third party claims relating to. death rasultingu'froWe persons, or loss of, or damage to, property, a tion with said use of the arising out cf or incurred in connec f Easement, for amounts in Easement Parcel pursuant to this Grant o excess of those limitations on the statutory waiver of successor immunity provided under Florida Statute i "768.28 Or any from the statute therttol, or in respect of claims resulting intentional Or negligent acts S its cen5ees or f contractors� lassoes, employees, agents, gu est5 }fERS510/17s989 -1 A Attachment B Page 47 of 72 Pages SSLL No. 130766469 IM S, Grantor reserves unto itself, its successors and assigns, the perpetual right and privilege of: A, Unrestricted access to, over, across and in the Easement Parcel for purposes consistent with the use of the Easement Parcel as contemplated in this Grant of Baywalk. Easement [which shall not include vehicular use except Ear constrvetion, delivery (provided Grantor agrees to reasonable. restxictions on permitted delivery hours and to not permit delivery vehicles to park in the faire land Whim shall be included withirn the operating StandardO and /or maintenance vehicles) and provided such uses do not materially interfere with the continuous use of the Easement Parcel as permitted herein by Grantee, or its Permitted successor and its invitees, agents, employees, guesL's, lessees and lieensees7 and 8 _Using,' in common with others entitled to the use thereof, snd granting, without the joinder or consent of Grantee, or its Permitted successor, to `other person l corporations or 'entitles, the right to use the Easement Parce for: Zj) all envir r li i)dlconstruotionsof /the construction staging p p ; eassment as contemplated by this Daywalk Easement and the ISO F Easement executed of even date herewith, (iv} such other purposes as may be neoessary to satisfy Grantor's surviving obligations Under the New Development Agreement (if any) and that certain Development Agreement entered into by and among South Shore Development, Inc., a Florida corporation, Grantee and the Miami Beach Aedevelop=nt Agency dated the 17th day of April, 1-W and recorded in official Records 8vok 12813, Page 2632 of the Public Records of Miami -Bade county, Florida (the "1966 Development Agreement ") , provided such uses do not materially interfere with the continuous use of the Easement Parcel by the Grantee, or its mlesseesuand slicens -usyas invitees, agents, employees, quests, contemplated in this Grant of Baywalk Easement; and c. Using and occupying, and granting to others the right to use and occupy: (i) Sub]act to the proviaiens of Paragrap ercoor the subsurface of the Easement Parcel tar any utility drainage purpose or other use or purpose which does not materially interfere with the non- exclusive rights herein its granted to Grantee, or its Permitted Suc uestsr lessees authorized invitees, agents, employees, g and licensees, including, withpilt limitation the right HIA9510 /17 6466 -14 Attachment 6 page +48 of 72 pages SSLL No. 130765469 9�,1 8626P94M to construct install, maintain and operate therein electrical, telephone, telegraph, telecommunication (including cable television), gas, gasoline, sewer, water, and drainage fixtures, related equipment and facilities and the foundation -and foating5 of and /or anchors for subsurface improvements; and . (ii) The use and occupancy reserved herein shall include the right to reconstruct, deCOrate•or otherwise enhance the appearance of any landscaping and site improvements located on the Easement Parcel at any time and from time to time, at Grantpr its successors' and assigns', cost and expense, provided such cgnstruction,' decorations and enhancements are reasonably acceptable to Grantee and otherwise consistent with the operating standards. Grantor, its successors and ussigns, shall, at its cost and expense, maintain azd repair any of the items it shall construct or install on or under the Easement Parcel pursuant to the provisions of this Paragraph 'S Ibvt not Paragraph 7' an hereof?; provided, however, that notwithstradh 5 shall herein contained to the contrary, this Parag p be construed or deemed to relieve Grantee, or its Permitted Successor, as applicable, .'Of its obligations to restorer with�the provisions toe Parcel EasementY an accordance Grantor shall be liable and rasponsibl.e, to the extent permitted by law, far any costs, liabilities, Cl.ains or damages, including, without limitation, reasonable attorneys' s Of fees and disbursements at the trial level err all el s of appeal, relating to death of or injury to P °oz s, Permitted rising or damage to property, incurred by Granout�of•or'incurred in -Successor, and resulting from, a connection with, use of •the sement Parcel by Grantor, Ea its successors and /or assigns, and their respectivQ invitees, lessees, agents, employees, guests' or licensees, to the extent resulting from the intentional or negl' }gent acts of Grantor, its officers, invitees, lessees, employees, agents, licensees or contr'actozs. I addition, Grantor shall defend any and all claims asserted agaisist Grantee, or its Permitted successor, resulting from, arising out of or incurred in connection with, U56 of the Easement Parcel by Grantor, its successors and /or assigns, and their respective invitees, lessees, agents, employees, quests or licenseesr do the extent resulting from the intentional or •negligent acts of Grantor, licensees in lessees, employees, agents, MiR951o/170409 -14 Attachment B page 49 ot72 Pages SSLL No. 130766469 BFf.f [}�'�6144U9 • ' RIC, contractors. In such event, Grantor shall be entitled to select counsel of Grantor's choice to defend the claim, however, Grantee shall be permitted, at Grantee's cost and expense, to retain independent counsel•te monitor the claim proceeding. 6, 'The parties. agree that in connection with -each of their respective rights to install and maintain utilities in the subsurface of the Easement Parcel pursuant t❑ this Grant of Saywallc Easement, each party M shall notify the other of its intention to install, repair oY otherwise maintain such utilities, (iif shall cooperate f with the other party and take such steps as may be necessary to insure that any such installation, maintenance or repair of said utilities will not interfere with the use or functioning of existing utilities, (iii.) shall, to . the extent feasible, integrate any proposed installation, maintenance or repair with any proposed work of a similar nature by the other party, and {iv) shall not unreasonably interfere with the use of the Easement parcel by the other party as permitted under this Grant of Saywalk Easement, 7. Grantor hereby agrees to permit the existing underground utilities located outside the Easement parcel to remain in their present location until such time as Gra determines, in Grantor's sole discration, that the relocation of the utilities is necessary it connection with the following: (i) Grantor's envj.xonmental ramediation of the property adjacent to the Easement Parr-al (as well as the Easement Parcel), fill Grantor's development of the property adjacent to the Easement Parcel, and /or (iSi) the construction of the baywalk improvements in the taseament parcel, At the time GzanLor determines that it is necessary to relocate the Grantee s prior n fo commenci.ng1dthe a t relocation ) s of the utilltiPe Grantor shall be responsible for the physical relocation of the utilities (including the relocation oP all utility lines to a location within the Easement Parcel but not less than six (6) feet, 'from the eastern boundary of the Easement Parcel and the relocation of the above ground electrical boxes into the building constructed ent parcel), however, Grantee shall be adjacent to the Easem responsible' #ox the payment of all costs and expenses incurred by Grantor to relocate such utilities. in this regard, Grantee agrees to fund the relocation costs and eypenses to Grantor within 30 days following receipt of invoices there'tor. NotwkthstancUn any other term contained herein, the responsibility for zeconstrution of the existing beywalk, from its present configuration as existing on the date hereof to the location described in Schedule A annexed hereto and made a part hereof shall be as follows: rtzussio /i�sass - lQ Attachment B Page 60 of 72 Pages SSLL No. 930766469 A, Grantor, its successors or assigns, as applicable, shall, at Grantee's sole cost and expense, construct, or cause to be constructed a new bulkhead and /or repair the existing rip -rap bulkhead abutting the Easement Parcel. In this regard, Grantee agrees to reimburse Grantor, its successors or assigns, as applicable, for all costs and expenses incurred under this Subparagraph A. B. Grantor, its successors or assigns, as applicable, shall be responsible. for, and shall bear the cost °f includingtbut reconstructioh of the surface of the Easement Parcel, i.on of lighting fixtures, removal and not limited to telocat resurfacing of the surface and removing and replacing or relocating the existing landscaping, and Grantee agrees to reimburse Grantor, its successors or assigns, as applicable, for all costs and expenses incurred under this subparagraph 8. B. This Grant of Daywalk Easement Shall inure to the benefit of and be binding upon Grantor, and its successors and assigns, except that Grantor or such' successor or assi g be e X i title to the 1 eased of all Easement PF1rCel, as the case may be, future obligations hereunder upon conveyance of its interest in the property encumbered hereby; provided, however, that any s uch transferee of Grantor or its successor or assignee, as the case ay m may be, shall be bound by all such terms and conditions Grantor shah of Easement- For purposes of this Grant of Easement, only be permitted to assign Grantor's rights hereunder to (and Grantor's successors shall only include) successor developers) or mortgage lenders of the development parcels ocatedatedaCent to the Easement Parcel and / ax association {s) responsibility of maintenance of common areas in connection with xhe development or operation of such adjacent development parcels Grantor's successors and /or assigns shall not include individual ess such unit owners or unit owners or individual renters unl renters are successor devnlopers and /or ass" =iations as described above. An assignment of Grantor's rights (including aaacceptance effective if e specific written assignor ed in the by the successor developer and /or as Fkorida n Grantor�e r duccessors Public Records of X±ami ^Dade County, and /or assigns shall maintain reasonable insurance coverage, to the extent otitainabie, for the liabilities of Grantor hereunder. This Grant of Saywal'k Easement shall be binding upon'Grantee, its Permitted Successor, and inure to the benefitd Grantee assign successor. Grantee shall not be p e transf or convey all or any part of its interests in the Eas ement to parcel or, under this Grant of Sayvia Ea�sm n e t municipal successor municipal corporation, corporation being herein referred to as a - permitted Successor °; KYA9510111B499 -14 11 Attachment 8 page 51 of 72 Pages SELL. No. 13 0765469 ACC GTf. . f .85ZB (44 1 1 .•.. provided, however, that nothing herein shall be deemed a limitation on Grantee's or a Permitted sucassor`s right to permit its t agents, employees, guests, lessees and licensees and the public to use the Easement semnt Parcel in accordance with the terms Of invitees, this Grant of Baywalk Easement. 9, The easement granted herein it subject to all matters listed on Schedule "P" annexed hereto and by this reference made a part - hereof and rights, if any, of the United Sta�es'of America and the state of Florid and to the Easement Parcel, or any Portion thereof. 1p. In the event of a default hereunder, the non - h e party shall be entitled to seek all remedies available at law or in .equity,• except far rescission, revocation ox termination of this Grant of Baywalk Easement. 11, In the event of litigation arising out of the terms of this Grant Of Baywalk Easement or the use of the Easement Paraal, ling party will be entitled to reasonable eal orneys' fees the prevai and costs at the trial level and all levels of app 12, L3pon prior written request of either party, testapper party hereto shall furnish the requesting Pa rty esting n e certificate' reasonably satisfactory to the requ 13, Grantor, its successors and assigns, shall have the right, but not the.obligation, to convey fee title to the Easement rom -me and parcel to Grantee, or its Permitted Successor, at an ti below, time to time, subject to the Provisio of paragraph if Grantor,. its successors or assigns, shall elect to do so, Grantee, and its Permitted successor, hereby agrees that (i) the rear yard requirement for the parcel of land encumbered by this S theret b e Grant of Easement and the Property or mcj its Eerttedsu cuesor , reduced to zero (0) Eeet,(!I) Grantee, shall accept such conveyance and (iii) Grantor s hall have the right to reserve to itself, its successors and assigns successors and assign s notwithstanding reserved to Grantor, its such conveyance. lq. Notwithstanding anything to the cotically set tc ate herein, this Grant of Easement shall (subject only to the Grantee's obligations of xeimbursament forth in paragraph 7 above) without the execution' of ary title documentation upon Grantor conveying to Grantee fee Simpl ehtitle [by quit .claim deed) to the E Easement Parcel. p shall, upon the request of the other party, execute any further documentation reasonably requested to evidence the termination of M:A9510/1 -14 12 Attachment 8 page 62 of 72 Pages SSLL No. 130765469 this Grant of Easement upon the satisfaction of the above requirement 15. The. Easement parcel as set forth herein is intenders to bra the final agreed upon Baywalk Asea (the "Baywalk Axea ") satisfying the baywalk requirements under that certain Development Agreement between South Shore Developers, Inc., a Florida corporation (Grantor's predecessor), Grantee and the Miami Beach Redevelopment Agency, a public agency organized and existing pursuant to the Community Redevelopment Art of 1969, as amended, Chapter 163, 'Part III, Florida Statutes (1965), dated April 11, 1996 and recorded in Official Records Book 128 - 13, Page 2612, Public Records of Miami– Dade County, Florida Ithe 11 0riginal Development Agreement") with .respect to the SSDI NoX,th Parcel as defined in the New Development ,Agreement. IN WI:TNSSS NHERERF, Grantor and Grantee have caused this Grant of Basement to be executed in its name by its vrLdersigned duly authorized officers a�d its rporate sea co l to a199Sereunto affixed, as of the a— day of _a 7 , Signed - sealed and delivered in W EST ES SID PAR FAU, I. a the presence of: By: WEST SIDE PARTNERS, INC., a Florl rp ion, General- Part, r Na Name : �' n v, oI1nL5 Title: (corporate Seal) �.r. STATE OF • ■• MXa951p /i9e4e9 - 14 CITY OF Y41AM1 BEACH.' a ,.,• municipal- poratiori�jal,l�_ ,�''iy', ' Name • ,r. Titl� Mayg n Attest: Name - Title:t FORM $ LAN E _ & FOR EXEC URON __ —_ •. Attachment e Page 53 of 72 Pages SSLL No, /30765469 R�. ! SJ Z e't' 41.3 GOWTY OF MIAMI -DRDE 1 The foregoing instrn t W owledged before me ch's a s day of - - F1oYida corporation, General _ of Weft Side partners, Inc ., a partner of West Side Partners, Ltd a Florida lima he ar e =SOna11y on behalf of the corporation and partnership. P appeared before me, i ersoz�?71v-k' ta_ me ic, ate of F or produced as identification. [NOTARIAL SEAL] Notary: oFtL� H� Y �� Notary Name: S{A'P60F F117S{1UA Notary Publ.Larida My rAStYF"LjC My Commission Expires: CpF,p/,iIRN NR•LAIL1'S klYG41.[M»IONFXP , r.Px,t4 Commission Number: STATE DU'- FLORIDA SSs COUNTy or MIAMI Y The foregoing instrument was acknowledgud before rile this Sd�04 day of uipa l Q'- pora i Mayor of city of yi i $each, 'Florida, a municipae behalf of the corcazation. He/ pe rsonally app__ iS ar ❑wn to me or produced identification. [NOTARIAL S$A ] p[,tRY u lhN BFJ+UO{hMP NOIflSY PJniJC STATE Of F1ARron pa},IMSSION ND. CQ}4772 MYC�MiJf4S510;1FXY. AI'EL'd 'Notary: Print Name: Notary Public, State of Florid My CalllnLission Expires) Commission Numbe «: z�^ HI7i951Q/7.78469 -k in Attachment B Page 54 of 72 Pages SSLL No. 1307654e9 .. Orr, RCG. . � xT4IliP�'iB The undersigned, MIAMI BEACH MARINA ASSocIATE5, LTD., a Florida limited partnership, as the Marina Lessee, hereby joins in the foregoing License for purposes of confirming its agreement to the provisions thereof. y MIAMI BEACH KAAINA ASSOC;MTES, LTD., a Florida limited partnership SoBe Marine, Snc., a Florida corporati n, gene al partner e: $ y' }lob art h stopI f presid a STAT MIDA l CDTShTY } The fore ng in tXUMOnt was aCk wl.edged before me this day of 19 by Robert W. Chtistoph as President of s❑ a Marina, Inc „ a Florida corporation, which is the generul.partner'of Miami Beach Marina Associates, Ltd., a Florida limited 'partnership, on behalf of the Corporation and the partnership. He /she personally ear d be me is personally known to me or . produced as identification - [NpTARIAL S EAL} o ary Pris]_t Nam Notary lic, State of — My commission expires: .NCtC AMR Y5FA1, UANNHCAFE67AW NOTARY KML)CsrATR N FLz*WA Cpbl AMON No. CCCLM �IVL'0.�{M65 14Nf7CP.AU�123Ws MIA.957.0/l; BAE 9-1k Attachment B Page 66 of 72 Pages SSLL No. 130766469 VF-IM 415 The undersigned, DRIX USA CORPOPATION, a nela%4are corporati.an as the holden of the leasehold mortgage encumbering the Marina 2062 of Lea Public Records � OfMiamil R s DadeGoun y, F'lorioa6 the hereby e consent5 to the Foregoing Grant of Eaemcnt a said Grant of Easement of the lien said mortgage to the rights gr anted DRIX USA CORPORAtID13, a pelaware corporation r STATE DF Fi'A ) )•88: CD[1NTY OF E LT-O n—) The foregoing me t instrument was aeknowledged bcfora his day ins of �, 1�eE J s of OM b oralian. HeJshe petsonelly USA CA'DRA [1 N, a De]xwsra corpozatiou on behalf oFthe cusp as eppeaed before roe, is personally known to me ar produced identi6cadua. AQ {yw J -4 4 ' Print3lame: Notary Public, Slate of----------- my.couunission expires; Feea'EW see M F p3I�s95L0/17e & ^ ]5 Attachment S Page 66 of 72 Pages SSLL No. 930766469 5CHED= A The west twentY'Sve (25' feat of Lots 30 through 42 inclusive, in Block 111, of OCEAN BEACH FLOMA ADDMON Z40. % according to the Pla cth vrs r ant' accrctsons to the west Page 81, of the public ke=rds of Dade CoLnty, Florida o$ of said lots, AL5n: The west twenty -Eve (25' fort of Lots 43, 44, 45, .4-6 47, 49A, 49B and 50C of DADE C pl1 X pRppgp,Ty, according to the Plnt thetavf, recorde arc Plat the west of said fors. the Pubgr. &=rds of Do& County, Florida, together witb nay , }SIA951a/]." -14 Attachment 8 Page 67 ref 72 Pages SSL.L No. 130765469 Ic:>Frr4ir. Permflted Excs d ns 1. @ncraaehmanta, overlaps, boundary IIM dLsputes, or other rnatlarb whkh would be dVmC aed by an aocurats survey of the Real Pmpaly. 2, Any ctalm that those partians of the Real Properly which are submerged andlor lie Wast of the WesleSly line of the lots In the suhdiv)stons 85 sears may be exlended In a Southerly dlne�on are sovereign lands of the Stale of Florida. 3. Rights and easeTwIF, of tho United Stales Rovammanl for commerce, navlgation, recreation and Fisheries in and to any poftn of the Real PfOporty which have been created by artificial means or accreted to any Ppfllona so created and riparian rights, 4, Fiflaen Foot Di- atnagn outtall thalnago FRsemant across Lots 46 and 47, per Plat retarded In Plat Book 14, raga 70, as set forth In that hslrumnl filed Docembar15,1B72 undarClerk's; No, 72R -280442. 5. Those corlaln easamards reserved unto lira City or Miarnl Beach and contained an Pages 2777 and 2778 of the Special Warranty Deed fled July 31, 1985 In offtlal Records Bark 125go, at Page 2778 and descdbod as follows; (I) underground utility easement over the ,Booth feat of Lol X; (ll) easement over the South io teat of Lot K for maintanance of the underground utrl'dp eaaantenl dasrlibed Jr. subparagraph (1); and (Ill) underground utiisty easement over Lots 4afi 49B and 13M. ]l Tlevalo Agreement hotween the City of M"I Beach, Pte ids )+Ba Basc Redevelopment 812 as n B. SSt a w Erst SIde Lm. by that Certain 1 strusnenl fied Ap In Rffida) ftecosds 1 atPaga 1 07 7 . 7. Terms and prmvlslprw of Portofino Holdings §'- 80. AgTern neat wb The I3spattmant of Community Affairs Dave opman Order for Ilio P112m WO Pot o t7Ri mwtddcd March 30, ip$R�Otfrdal Reaords Book 10541 r at Pago 3641. 8. Agreement dated November 7, 198 by and among t he Florida puWlc agency and th d Por3o5n Fa mu nupal listed oorporaton, the %Ijaml Beach Radevekrpmant Agency therein ldod Novsrnber %1685, In plTrcial Records Book 18987, at Page 1487. g, DvIambon or yt"hicoo ns recorded .tune B, 1997 In official Records Book 17667, page 4654. - WI Fiorida, the 10. ede vol 2e vy and We3t SId4 Pariners, d,, date as 1 May a 24, 1989, and recorded o# Wan data herewith. Note AJI recording references are to Hie Public Records of Waml -0edo County (Wrrefty dada County), Ffodda. ,�cO40EG wo�iar.� I kOUM1 p, GPV xCGa4ow �r �Or edlttf Attachment B Page 58 of 72 Pages SSLL No, 130765469 I a IhIs InSkOffe al prppprod by ar antler the Ruparvlelon of (tod after recording should Lea rntU6" 1d); } p Mallhe,Ve.Gmaon,Esq. (lreenboruTraydg,I'.A. (�. 1227 SrickollAVenut- , MIaml, Fbrddo 33131 nOTL= Tbis•domwunL is fseSaq m- recorded to earroct the.oXhrbU.nrSgLndlly atkaohed tharete, ehlch inhdverthntly cantainod the overall legnl de scription of the proporLLes arced by AeaL et6c end Yacht Club rather thhn tbmdsserlptlana or' Lhc respe4llvs p6rLlon6 thereof armed by cads of ttsoec psrtien hs pas to be s6L forth. WOW A and B . attached hereto replace the sxbibit A allached to Lht kmogb -ont apd i@stGtbd,koiver as orl9Lna11y vocefdad end proporry ref2Bet lhu portlonv of Qm preporlrets omed by'Nest aide -it act Loyth In Exhibit A altachod host. -) 'one ssehl, CIUL .(os Re forth th Pxhlbtt B attA hdd hc[rLOl. °E' 18718 p- 1.633 9912a9,�a93'1 99 JUL n 15:20 9gR 1999'Nfi1' 27 f5psca Rdservdd ier GSBrk n( Govd) Af l NDED AND RESTATED 1NAIVER -OF R3PARIAN RI3H7& (SSDI5DUT11) . THIS AMENDED AND RESTATED WAIVER O IPARIAN HTS (`Arrtshded and i Ftaatutod Waiver'.) Is 'Made find entered into as Of tha day a B9B by and among WEST SIDE PARTNERS, LTD„ a Florida Ilrnfled partners Ip ('Waet 51 ), YAC}{T CLUB AT PORTOFINO, LTD., 43-Florida 1)mlled partnerahlp (Yacht , cht Mob'), the CITY OF MIAMI B4C11, FLORIDA, s Florida municipal Wrporatiom (74' Y'; and the MIAMI HF_ACH ,REDEVELOPMENT AGENCY, a Florida public agency organzed and aAsflng pursuant to De Community RadevoloptnentAd of 1 Peg (Chapter 153, Pad Ill, Florida Statutes, as amended).[ p marlt • Aevncy°7. , Willi 99 ETH: . HEREAB, West Side, Yacht Club, t?is Chy and the Agency oniore9 into titer certain Waiver of Ripadan kiphis and Appointment of Qualified Entity dated as of January 10, ik96 and MoordedJarrusry 2g, 1995 In OffidaiReeords Soak 17077, at Page 1258 of the public Records of Miam1-Dada County (formady Dade CDUnly), Florida (the "ExtaNngV'falvef); WHEREAS, West Slice is the record owner of.lhat'certaln seal grope* more parllculady deBeribed In'Exhiblt "A" attached hereto and by this rafercnca made a pars hereof-(ihe 'Southartt Portion of SSAf southj, and Yacht Club Is the record owner of that certain real ptnpsrty more padVculady dare ibed In )rxhlhiC"lt" ahachod hereto arrd by [his reference made'a part hereof (tha'Northern Pottlon Df S5DI South'); VMER1 A5, the Exlslinp:Watvoraffsds title to the Southern Portion of SSDI SDUth and the, Nerth6m PPhibn of SSDI South, and the parses have &greed to arnand and restate fhB Existing Waiver in its BriUretyas mare particuladysel forth Wow. NOW, 'HEREFORE, In consideration of the aum of Ten and ND1100 Dollars MUD) and Other gGcd and valuable conslderallon, the racelpl' and strfficloncy of which are hereby a* jowj0d.9e¢,tho parties herole hereby agree as fu))owv; Recllais' Amended and ssiate d 'The toregoing ref hats are true and correct and are )ncarporated herein by Otis reference. This Arnandod and Restated Waiver Attachment B page 59 of 72 Pages SSLL No. 130765469 RLf 1 BTI6 rC•I634 Aff,'IU6L 6 ' hareby arnanda, replaces, supereedas, and replaces the •Exislinp Waives In its anlirety, and accordingly, from and after the dale hareal, the'Exlsling Waiver shall be of no iurihnr force or . affaLt - 2. West Side an behalf of Ilaalf and Its successor' and.asslgns, and Yachl Club on West behalf of dealt and Its succe8aosa and assigns, each bareby waive all of their respatlkva riparian dghls, tf soy. fariha Ssultlam Pofii6n of SSDI South and the Nollhom Poriton of SSN 5oulh as necessary to assure the tatty and Redavalnpmeni Agency that the City apd RedeValopmant •Aflenay will be nbla to slain the exlsling'Modined Smareignty Submerged Land Lease (the Submerged Lund L4paaa entered Inlo by and among the Board of 7rusless of the Infernal Imprnvomnnt Trust Fund.af the Slate or Florda, as Lessor, and Ibis Gily of Miami 6aach and Me Cttp of fAiamt ggndh Redavelopmant Agency. -no Lassaa, and romrdad h Dfricial Records Book 16609, Page aaw, PLibllc i1awnJs of Miami -Wade Coe O howeverhthal a y Land Lease may be modified or axlendad from limo to lima (pr at de5cri eon for the land mod�scahnn or extonstoh dyes not expand io the easl the existing leg his in favor , the Lessor desctibod In the 5rfbma ' Land Leaaaor In any way pears any dB with regards ID lho land locsled 16 the east of the land described 7n the Submerged Land rasPoctivs Lease) end Weal Side end Yacht Gfub, on bahatr of I e S o other Bond a rid v able auccassora and as>iigns, agree to Convey to the City liort, the minimum orfiount of land nocasaary (but in na eVsns greater than the nonsldera oonrlder $asefmuot granled•by Mmi Sldo and Yacht Club to.tho Clty or aven date rrereol), SBywalk condauovs 10 iha water on ih I a vnitem houndary of Iha Southern Portion of SSDI Swth acid the puou J Part v! 55 $o h end suficianl to furhet confirm or Preserve the' C ?Vy riparian rights in connection with the. Suhrnefaad Land Lease, In Eho avant Thal said �Ilni�� eta is required fry the FioridR Depa�ant of En4�=ronraental' PfOladlon or any or govem body in order for the City and the Rec[nvaiopmeni Agency to inainlain the. Submerged Land Lease; prasritlad, however, tha eo t upon such a nvayonca, weal Side and Yacht Club shall be penntlied to ladude the, poRlons'of their raspedive land ea mnveyad }n any ( zorunp or planning p} wtl lalions, including hottl limifalion, eat backs, floor area ratio, sot sae andlar frontage, as though such conveyance had not oacunad, 3- West Side and Yacht Club, on b shah of Ihamsalvea and each of their ros� P y etlecesoons and assigns, hereby aulhodxas lhal� a n on o bahatr of W 81 Slde Ye ht Club, for and- m9in1ah. In RS ovm nama'(and d appl end all rmi rc and , nr other t their roapadive auweasars Ar assigns i ttlfaanany Cr1W auaio the Saulharn POrtl6ri of ` gavemmerrtaF,aPprovah ger�ssary to keep U m 4 SSDI South and the Northam Porllon of SSDI Saufh m e b ass§ that rho Ma v,'estam bgundary Marna is current ' open and operatln9 on the same or aubslanlially some brna la iy operoung ,orrdfor to msfpra or rebuild any of She Improvernonts In iha Marina, a6 said imprava , enls exist an use data hereof. Y 4. the d 6jWAi0 g ly of car an Madna Sllp kgrearrtanl way impair or d6ragnl6 any a rights a1 I " daledJanuaty 1t7, 1898 anuary28, 1896Irr 6thdalRecofds 13nak'17o77, At Pegs lc ecsrds of Miami -Dada Courtly (formerly t)ede 06unly), Florida, LnLldi ong, i 1280�rsnridar, i I b• '(hie Amended and Haggled waiver shall be binding upon the parties hereto, and Ihalr ragpottfvo au4m , sans and+or assigns. , Tj ��2�� q':Yi }J.S� �, Vii' � 4, ' � 5'.. ' , ''• r • 'f ' �Y. '(.' ••4'".- �,*,'``,�'it�il'• s.t -- 1''r.,; , 5 .. ., ' . 1' nr: • ..i�1,� ? "r.t ' >; :.. �. �; � ^'' :.1:p= ;y ? %,� = }`��5 _. .� -e�F.. Vii? „�:��. . -. ,. .... ....... - .. :.e'�. ... ..._..H:S ` >_z:�:T�:l: .. 4�N..•e`C.,. Attachment 8 Page 60 of 72 Pages SSLL N4. 13(]765469 I 1 I I I s I , 9Et U1 1 8 FG I ��J Rr�. IN WITNES5 WHEREOF, the parties haralo hsva executed this arrd;Restated WeWraa of lhs date full above wdliert,. 8tgnad, soat9d and delivered In W11 presence of; WEST SIDE PARTNERS, LTb., a Florida Ilmited partnership By West�pfta Inc„ a Roridp , rorp ❑r ion,ga er By; rri Name Name: Tltla_ PH a [CORPORATE SEAL) HT GLUE AT POR7DFINfl, kTD., e F4ori )Ledppa3[tneshl�YSIGNATURF,. AND. Ma L$DG MGNT DN SEPr-RATE By. Port❑rino hi Club, .tric,, a Ft❑rida PAGR carp❑ration,ga Iparlrter Print Name; Rint Name; v i i Prird Name: AiteaL. : • Name APPROYM AS TO J ORM & l.Al GUAUE & FOR MGtMON [CORPORATE SEAL) CITY OF MIAMI BEACH. FLORIDA, a Floddamunlci a r. Cn Attachment B Page 61 of 72 Pages SSLL Ala. /30766469 :r 1 EC Uf I UPC L13L� RTC. I t]l1L�pU4Uk I THE MIAMI ' �FACf-t REOEVELOPMZKT AGENCY, a publie agency -organized and ' exisling pursuanl io the , Gommuhlly Redevelopmenl Act. of 1989, as amended. Chapler 153, Para III, Flnlida Si@WWS •ey: Print Name; • er ' Tdle: C ' 'r i Print Na b; Attest: Name: 1 A1G r, Trtia; e` STA7EOFFLOROA ) SS: CC)UN -DAD> ) , ac before mu lhie 2 day or April, 1999 by The foregoing Instrument W s ' f r ; ae nowladged of WBSI Sldo Partners, Inc., 4 •Florida _ =rp6raOon, the Genera! 1 artnor of WCSY sll]F'PARTNERS, LTA., e Flbada IlrriRad Partnership, an behalf 6f the corparailpr end the partnership.,(5�/shelthuy personally a¢peared before me, , �'sra a!I imvWn 10 me 4r produced as iderrtHication Nolary (NOTARIALSFAL) Pdnt Name: Nr3lary Pubhc, Stale of Flv ida - u ys p '3'�'FN My commission expires: ' ' M HFIFMAM . r '7[7rAAYPr1FII]GSrI.TEflFFfAiiIDA C43Ad�irOH 1rrY D3MMi5SlD\' EXP. MA. i1 !sPkQyT_17 AS TO FDRM & LANGUAGE &'F0R EXECL MC)pj G°na"I cruae i 'I C Attachment R Page 62 of 72 Pages SSLL No. 130765469 Attachment 6 Page 63 of 72 Pages SSLL No. 130766469 STAN OF FLORIDA Ct3tJNTY Or MIAMI d =' 1999 by ' }n5 {rushnni was aoknnvrladQSd The loreping / p f , before me this Y o OF IAIAMI BEACH, a fiorida mun4Pa1 . as ' of the CITY � Ta {Ion; on 1�ehalf of iha cry ratlOn, •tie rsOnall Bplssared bai❑re me, I peraon4 luioum Bnr' �� asldenidrea4lon. . [NDTARIAL5EAL }' Print Name: ❑' Notary PuHo, SSa{nof Florida • orf lunl A•�rrnly} �F�I uu.l v; urnucrUUr My comm'tssionexplres: - NC'rAfiY /VplU CSTATF•DIPIX ,1JDA . co�iMSS n 'ha ecru �n ' htY['OM.NICSIO\'EXR ArR,gdl 1l • STATE of .ORIDA SS; COUN1Y OF MIAMI -DADS ) ' y( � !� ' '7A ..flPr�4 by ❑wlad9edgbOthe . 1 The fnregoing lnsirvmanl ackn tdlAM11BFJpW RED— mVFLOPMENT • A / W as AGENCY, a pubgD Oganuy osi3anlzed pursuant to ih>3 Gammuni a d o P en � ° D9�ly aPAg behalf Of the agcy. HelstY amended, on en pereanal4y knDVm to me or produced as ideili'�iCaion � •. Notary,' [ND TAR[AL SEAQ `• , Print Na NnlaryPUlslic,5tate0f Florida �, • fray cammissl ❑nexpires; �.�. - � - -• u>_uw u�,,ccl Inalr NDTARVPLTJMSTAM • • cAMMLtsIDNNn Cc�,ta;T YC4 \IMLCt16�Fx1'. AFF 2o�l.Yl1 Attachment B Page 64 of 72 Pages SSLL Ala. /30765469 Sided "ed aa,d del &cd • m tier prtsenca of: YACHT CLUB AT PORTOM6, L'tD., ' a Florida IA ltd pnftnership PrintNartie: - ��.� Ily, TRG -YCp, LTA., a Florida limilzd partnership, Gcricrnl prhstl�7sme r It �� _ 13y: `CRG -YCP, INC., u Florida cbipo 0. �� . Rbberto s. Rncha Vloa Prwidc9t STA'TI'• DF Fl,ORTDA ) . . COUNTY OF ML DA ) 1 T{' foregoing in as 5tr=rnt w ac6owicdgcd befaru mo dus day of April, 1999 by Rnbcno Rochs, a•5 VICC President ofTRG -YCi', bir.. B n of YaohS Club at 6 A Ltd., o 73 RCr YC Ltd., a >i w idn limited PutIcatuP, Scncral P 1 Florida ii nhE iwrmmbi , on brhslFaCihc carporat�on And as an Bci of the parmcrsh3ps. Perso�llyl�o V / �_ „� OR Produced Id6n0vatiDD _- , [ype ofldcnfifiCZEDn Produced t r5tampName;Ll.r1 • alnry PubUc, Stale afFloridu al Large Commission No.: 7 Iy Commission Expires: aflsY- LASa3•K9D.aP4Y=10 t7WAVPVD1JC S rA7ECf RL7RIDA . Cp�{MC3'7blJ tdO. CCWNa7 ' M M ,seer Attachment 8 page 68 of 72 Pages SSLL No. 130765469 • II 1 arc �.� ' ' MITIBl `A_' r• hots } tlaaugh 7, inclusive, and Southeaalerly 30.00 fee( of Lot S. the norihwostcrty lion of stud MDO feeat bein6,pllel to the common line bc(wcen Lols 7 and 6, in B)*k I 1 I , of OCEAN BEACH noR117A'ADDI77ON NO. ,3, according to the Plat Oteraof; as rword in PJat gook 2•.al Pugs• SI, of 1))n Public Rceorda nF DR du County, Pjorida, together with Lht oceiedons 6I;Mlo; , 'ALSO: Ilfai Pars of Biscayne StE=l (also known as B,israyna Avanae) as shown on sajd'Plat of pCFJaI BEACH PLDRIDA,ADDITlpN NQ. 3, lying wCStcrl,Y or the sauthcrly wri on said pmjotdon orthc West flight !IF Way line of 10 �n AV u 0. cre6ons ij two Mat au4 being bounded an the west by B iuwyne Bay, 6 . . ALSO: All that parl'of the Nash 132.0 fccf of SCC[inn i4}, Township 54 South, 1Zangc 42 Fast, described as; Begimdrsg at.a polnt on the Northem boundary of ssld'Scclion 10, which is . iiitersccled by ilm FaSicrly lwundar of JolTumn. AVON extended Southerly eeross •�iaa&yde Strut es -e poinL or place of besmning; thtntt Southerly s;ontjnuing the Famaly bormdau eSJcfferson Avtnat axicmdcd for a &siaun,of 132.0 final Lo a point; tbcttaa Wes�crly 20F. f Iml inore or loss alnag n line pnrallel 10 and 132.0 NadhwesterlY rrotn lbt Notibcm S nc of said S ation 1D to j3jseaync BAy; lhanat meandering tlh Boy (o the jilt S L•allon of 11313 Notthcm Ilnr of Suut oa 10; thanco a:n Favlt.•rly &[LA tho Nonbcre line of Station 311, Said Secdan 10 being b 265.0 foot ma:a or less-to the wi or ' pjttca of ha3innulg (the Northerly bound aaryt of mon ith iktc SoutStt[ly bouodar� orBiseayne Sdrel); ALso described as: ASE of that pan of the North . 132.D feat of Se�Uun 10, Township 54 South, Range 42.Fast, known as A or the Smith Cbrnpany )3ay, Frvnj Trsal., mart pnrueolarly dmwtilxd as folldldws,,.to wit: Bounded on the Tlortb by the Nnnhem line of said SceGon 10; bounded an 6e Fa st by the Fast line of Jefferson p,vtnue mandnd; bounded on ft F016 by a line Paw1=1 to amd t isl$nt 134.11 feet South ofthe Neriftcm line of said Section 10, R 'orugded on the pleat by Bjsesyne Buy. together with 1hC accretions ihercto. Attachment B page Go of 72 Pages SSLL No. 130766469 Attachment S Page 67 of 72 Pages SSLL No. 130765469 a 4 • q I V�JLLI -IL-V S.A- 4.2.1.5 This klslrument Prepared By. Thomas V.Bq-,P.A 99R277'34,9 19991W 27 15:18 Steel P7ectort Davis LL1 4000 First Won 1 marl Center J&Ufni, Florida 23151-239 WAIYEIL RUArjAN BIGHTS {$SDi Nt71LTFl} Ig 99 , This Waiver of Riparian Rights ( "Wnivrx ") is made fLs oElh� d mf , b and among WB5T SWE PA 7-T[� . LTD., a Florida limited partnership c" eat Si a "), the y BEAGI� FLO da J mD& aFlori rnunlclpal corpu atioE ( "Cjty and T l,dlhlvII 0173' QF T+fIA1+dl ed and exnsiln u--t HEAC11 R , _VSLOpl EN3' AGF14CY, a Florida public mgeucy orgaiiu $ p to the com'''ity Redeve0pment Act of 1969 (Cliapier 163, part IIi Florida Statutes, as amended) (`Redevdapmmt Agency"). 'Wg West•Side, the City End the Redevcloprnent AgmnLy are Ell parties to a certain Agreement dwd Novemb Dade 1995, =orded in 5&2 %.,_O,dL Algreern U, t Pagel I97, of the PnbliGltecoras of Miam'- B,' Pursuant to the Development Agr�ut, the Redevelopment Aigann3' is on even date erewonveytng to West Side that certain teal property more partscujar;y dasc h ith e n6ed in e rev it NA attached hereto and I [his refer Mde a part ltereoi' (the "SSDI I�IDath Parcel" }. C. In conncctionwith the conveyance of the SSDI Nom PUC4, West if y i on SSDI of itself and its suv=crs an« assigns lies agreed to waive the sips Tights. NDnhPar L sabjwt to the tern's and provisions satforth harem. Now,Thelelore ineonsidaratlon )Ftiie saruofTen and I}D(l00 Dollars (SlO.d!?) and other gm the am} valusbin consldcratiot> the receipt End sufbcionzy of-which ere htreby acknowledged, parties lretetn inrreby Egrees w fol[aws; ]. The furegoing setitals are true and torroct and incorpnrEtcd heram by this reference. 2, Wcs4 on behalf of itself and its wu—' so s Ad as signs heroby ondwRedov d Oft sst ripsuim rights, if any, far the SSD1Narth Parcel as nee be..able tm retain Ole esnisttn8 Modtfied Agency that the Ctty acrd Redevelopment Agency entered Into by end among tTze Sovereignty Submerged Land Leese (the Su TnsstF Land lh, Ste a of Fiorib4 $son, znd the Board of.Trustees of ft lntemuJ l'TIP Lessee, End recorded City oflvfiarrdBeauh and the city DrMiunlBeach Redevelopment 3' ent Ag , I Attachment S Page 68 of 72 Pages SSL.L No. 130766469 IDFf. ' in Cfficial Reconis Bonn: 16509, Page 3b94, Public Records ofIVEM i -Dade County, Florida, as the Submerged Land Lease may be modified or extruded from lime to time (provided, however, that any such modification or eDdension does not expand to the east the existing legal dcseription for the; land described in the Submerged Land Lease or in any way create any rights in favor ofthe Lessor with, regards to tbu land locoed to the cast of the land descnjW in the Submerged Land Lease) and West Side, on behalf of itself and its successors and assigns agrees to eonveY to thf City for 510,00 end other good and valuable consideration, the rtmioimtun ol•land nees csary (but in no event greater than the Beywatk Basement grimed by 'West Side W the City of even date hereof), contiguous to the water an the urestern boundary of the S SDI North Parc1 and suffieieatto further ronfimr or preserve the City's riparian rights in 60ral Sian v+ith tht Submerged Land Lease, in the event that said mmeyance15recl�bytilenaridabepmtment of EnvironmentalPmtection or any other stategovmmental body in order for the City and the Redevelopment Agency to maintain the Submerged Lmd'Lease; provided, however, that upon such a conveyance, West Side shell be pernnitted to include the land so eanveyed in any zoning or planning colmlations, including without limita$on, set backs, Hoar area ratio, lot siw and/or frontage, as though such eoaveyanee had not occurred. 3. West Side, on behalf aFitself and its successors and assigns, hereby amlhorizes the City and/or the Redevelopment Agency to apply for and maintain, in its own Name (and if applicable, on behalf o:l est Side, its successors and assigns in "r), any and ell permits, licenses ar other goveraarental epprovals necessary to keep the Marina con#iguous r the SS North Parcel on the westem (rbe "Marius") open and operating on tNe same or substantially Same nests that the r. Marina is currently operating, and/o to restore or rebuild any of the improvements in the Marina, as said improvements exist on the date hereof. 4. This Waiver sball be binding upon the parties hereto, and their respective succes -rs and/or amigas, W "YNFSS )VFMRE ©F, the'p"es hereto have executed tLis Waiver as of-the date first above written. Signed, sealed and delivered WEST' SIDE PAATI P.5, LTL., s in the prescom0f- Florida • . • ,limited partnerslup By: MST SM 1t5, INC., a Florida corp oratio General P By: amt: �esc Narne' Title; 1 [Corporate Seal] M1A95 10117&491-5 2 Attachment B Page 69 of 72 Pages SSLL No. 130765468 3 RLll 1 I B2694ZZ t. C1T'Y Oy hEkK l3EACK FLORM k F municipal corpu -pn +` .. r , "mb . 1 44, \4 y BY: P e; �� — Z l f nm CiiyClerklL PM' >L, ?R_* APPPDVEL) AS TO FORM & LANGUAGE TIM MIAMI BEACH ItED� �l'147ENT lL MR MCLMON ACrEIdCY, a public agency organized and existing Community Redevelopment Act of S z pursuant to the , 1969, as amsndcd, Chapter 163, Part M- F1o3idD' b J i'"' 54�� lri0'y • Stattrtrs �. ... .... �1� .wy ��k �, ��kY • iv' e Name: E,4s�1 c� 13q: x Attest y{y , 1 } '• 6 AI��C1�'Ff�l�.li��5`7J' �`e FOR M G] Name: & FOR D{3 CUTI�I 1 .4' •• Redey � . STATF. DFYLOIUPA 1 npmm,t,4B�•rt COUi C€" f OF )ATAl -U -DADS ) 9 b MP day ctf R r` 199H, The Cotegoing iasuumeat was acknovrledgnd rc °S - = of WEST ' SIDV - --- by 7}Yxrtr� Lxd . a noriQa QARTPI�R5, INC., a Florida corporation General Partner Df West Side Pattn eured befaFe me, He personally PP Iimitetl part,rrsirsp, m beb.eYcifthe corporatoan and partnersht ?, , RS 631 ' 'S CC56aa� iCL4V1X1 t0 me pT pmduetd ' Notary: , iNo VAR3AL SF-ALl Print Name NU3' SEAL Tlotary public, to oCFlatida o Fn MAN phy cornrusssion expires' NIIrAItXPUSIK�I'A1`EOFFW1.mA . coLfl.[LSStDN 5 hit CCIMMLSV4N E� JPR_34 . }r[lP.45][1A76461 - , Attacbment B Page 70 of 72 Pages SSLL No. 130766469 71 STATE DFFLORIDA COUNTY OF MIAMI -DADS ) � The foregotngi��suvmeek was aclsflwledged befora me tNs 9 daY Qf �'` i , b y of City of?vLa HeacL ilti, as ersonaliy appwted before Florida, n municipal corparalion, on behalf of said corpD anon. I1r/Sb s identification P me, is personally known to n]e er produced Notary: [NOTARIAL SEAL] PrintNa�e: . NDtaryPuhlie, StateafFlorida� ^Z - � ort�cuLNrnAR sFA My cDmsnissign expires- s.ktLwa aJ,ur�wnP Ntri'ABY f'U9(Y_SFATE DF k• LdRfDA CC1MM1$IDN hV. t�l3ar1l' , C't]MML5511}N I:XP. Ar'P - STATE OF FLORIDA COUNTY OF ULkIdl-OADB ) yy 7heforegoinginstr� mentwas ackuowledged before me this of 'q InA y of Th. ]Tm 33eaeh °5 d existing P uesuant to tha Community RedeveloP�ent ftgenc},'a Public agency orgaoiasd an Radevelopmmt P.ct nf' 19b9; as amended, Chapicr 1fi3, Part ID Florida•Statutes� ersonalazY appeared before me, is personalty known to me or produced idenli5cation. Notary: ?r te ' (NOT•AL. I., SEAL) Punt Name. � - Notaty public, State aFFlorida a DF2aALNDTAAYSFU• My CnQiIrL+$l4A GYpkTCS: I,Ii�7AtF aJ�UCkWA P ' NClI'ARYTtlatx 51A7E OF tvaasnl� ' CO 111: I * r An.k!9 Z I.SY cOY.brl9+10.k}Y � PR.39 HI1A951911764 &1.5 4 _ -. ,,.•. oa r.�- ,��.r�k'�`�.I�k�=: lid• c�:{ 5' ��, .a'��i:i•;��Y;3. h��. -�.... � . _ .a ��' /'_`__•Js =..- ` �,' �; � f � aiE � ��t''�`-' �. � •��;riS:.�^' �=�� f?: �.yr'�' se�'.^ ss •= c•��I�,Sa'e c 7 a � ��Y'rt,ti C � {' R�,a.� #.'�L... _ • .� n. Attachment B Page 71 of 72 Pages SSLL No. 130765469 i_,_ ri- � "f F ail G E 5 U1 OR PARC aL Lots'301hmugh 42, inclusive, iu B10fk 111, - of OCEAN BEAC9 FLORIDA AMMON NO. 3, wording to 'the Plat thereof, as recorded in Plat Book 2, at PRye 81, of the Public.Pzwrds of ' Dade County, )ilorlda, together wilh the accretions thereto. ALSO. - Tots 43,'44, 45, 45 47, 49A, 49B and 50C of DADE COUN St PROP$RTY, a=ording to the ' Plat thereof, as.reaorded in Platt Book. 14, at Page 70, of tlae Pub"C Records of 7?ade County, Florida, together with the a,ccretioils there6o. 'ter+ ora,� ne;e�ns uxxc • L WLiG COVMy. RCY�t, of DAM T V Of f L n9Y'C&RTlFY that th !s n `"+i �2, - n�D .moo Yf [k'14S ;S MY f*; d County! Casu4a be c f COu �p�1�Y t�U t c�/ ^�—.• by— 1 • Attachment 13 Page 72 of 72 Pages SSLL No. 130766469